UPC APP 8708/2024
—·EP2044709: CONNECTIVITY FAULT MANAGEMENT (CFM) IN NETWORKS WITH LINK AGGREGATION GROUP CONNECTIONS
- Case details
- Status—ActionPreliminary objectionCategoryPreliminary Objection
- Parties
- RespondentsReps: Thomas Lynker (TALIENS); Thomas Kurig (Becker, Kurig & Partner)
- Division
- Paris CD
- Judges
- Maximilian Haedicke · Judge-rapporteur
- Technology
- Computing & AI
- Language
- —
- First decided
- May 2, 2024
- 2024-05-02DismissedJurisdictionalPreliminary objection
Paris Central Division order rejecting Mala Technologies' preliminary objection to the jurisdiction of the UPC over Nokia's revocation action (ACT_595045/2023) concerning EP 2 044 709. Mala Technologies (defendant/patent proprietor) had argued the UPC lacked jurisdiction and sought a stay pending a German Federal Court of Justice decision (X ZR 6/24) in parallel revocation appeal proceedings. All requests were rejected: the preliminary objection was dismissed, the stay applications were denied, and the request to extend the deadline for the defence to revocation was also rejected. Leave to appeal was granted given the fundamental issues about the relationship between UPC proceedings and national courts.
Legal issues:Preliminary objection to jurisdiction (R. 19 ff. RoP)UPC jurisdiction vs national courtsStay pending national revocation proceedingsRelationship between UPC and German Federal Court of Justice proceedings
- D9B2A10AD22CE3E3796C2688D36D755F_en.pdf2024-05-02ENGLISH