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Overview · Filed: —

UPC_CFI_112/2025

METHOD AND APPARATUS FOR CONVEYING ANTENNA CONFIGURATION INFORMATION VIA MASKING

Provisional measuresProvisional MeasuresMunich LDApplication for provisional measures—
OverviewDecisionsReasoningCitationsDocumentsTimeline
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

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.

Accepted arguments
What the court agreed with — by party.

  • 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) UPCA

    Note: 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) RoP

    Note: 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.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.

Key legal principles
Doctrines and rules cited in the reasoning.
anti-anti-suit injunction (AASI) in SEP contextthreat of infringement of patent proprietor's property right by filing foreign ASI applicationex parte provisional measures without security in urgent circumstancesEU Charter Art. 47 right to access to justice

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