UPC CFI 112/2025
EP2243229 SEP +1 more · METHOD AND APPARATUS FOR CONVEYING ANTENNA CONFIGURATION INFORMATION VIA MASKING
- Case details
- Status—ActionProvisional measuresCategoryProvisional measures
- Parties
- Claimants
- Nokia Technologies OyOperating co.
- Nokia Solutions and Networks OyOperating co.
Representatives- Tim Smentkowski-Arnold Ruess
Respondents- Shanghai Sunmi Technology Co., Ltd.Operating co.
- Division
- Munich LD
- Judges
- —
- Technology
- Electrical engineeringTelecommunications
- Language
- —
- First decided
- Feb 19, 2025
- EPO Opposition
- Daimler AGWithdrawn2019-07-17
- Verifone, Inc.Withdrawn2024-06-06
- Verifone Payments B.V.2024-06-17
- Verifone Sweden AB2024-07-16
| Preliminary injunction granted | Median days to first decision | |
|---|---|---|
| All UPC | 54% (38/70) | 124 |
| Munich LD | Locked | Locked |
At the UPC: Nokia Group (30 cases)·Shanghai Sunmi Technology Co., Ltd. (3 cases)
This dispute contains 2 other proceedings
5 other defendants litigating the same or a related patent
UPC CFI 1291/2026·UPC CFI 160/2026·UPC CFI 662/2025·UPC CFI 117/2024·UPC CFI 118/2024
- 2025-02-19Application for provisional measuresPublic
Summary: The Munich Local Division granted Nokia Technologies and related entities an ex parte anti-anti-suit injunction (AASI) against Shanghai Sunmi Technology entities, prohibiting them from pursuing proceedings before a Chinese court in Kunming seeking to prevent Nokia from enforcing its standard-essential patents at the UPC.
Show the legal issues (4)
- Anti-anti-suit injunction (AASI)
- Standard-essential patents
- Chinese court anti-suit proceedings
- Urgency and security waiver (R. 211.5 RoP)
- 2025-02-19%20LD%20Munich%20Order%20UPC_CFI_112-2025%20ACT_7300-2025_anonymized.pdf2025-02-19DE
Nokia sought an ex parte anti-anti-suit injunction against Shanghai Sunmi Technology entities that had filed (or were about to file) proceedings before the Kunming Intermediate People's Court in China to prevent Nokia from enforcing its SEPs (EP 2 243 229 and EP 3 799 333) at the UPC. The Munich Local Division granted the injunction, holding that the UPC has jurisdiction, that the filing of an ASI application itself constitutes an infringement of the patent holder's property rights, and that service at the EuroCIS trade fair justified dispensing with the security requirement given time constraints.
Imminent threat of infringement of patent proprietor's rights justifies ex parte anti-anti-suit injunction before foreign court files the ASI
ClaimantLegal basis: Art. 62(1) UPCANote: The court held that infringement of the patent holder's property right threatens when, based on concrete circumstances, there are serious and tangible indications that the respondent will act unlawfully in the near future; the violation consists in filing the ASI application itself, not only in its grant.
In extreme urgency (e.g., service at a trade fair) security requirement for ex parte interim measure may be dispensed with
ClaimantLegal basis: Rule 211.5(2) RoPNote: The court found that Sunmi's presence at the EuroCIS trade fair in Düsseldorf made timely posting of security impossible, justifying waiver of the security requirement.
No rejected arguments captured.