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UPC CFI 210/2023

Jul 31, 2023·EP2568724 SEP · Radio Communication Device and Radio Communication Method

Action number: ACT 545551/2023

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Mannheim LD
Technology
  • Electrical engineering
    Telecommunications · Digital communication
Language
German
First decided
Feb 14, 2024
Last decision
Feb 6, 2025
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Mannheim LDLockedLocked
Judge Peter TochtermannLockedLocked
Judge Edger BrinkmanLockedLocked
Judge Dirk BöttcherLockedLocked
Judge Klaus LoibnerLockedLocked

At the UPC: Panasonic Group (81 cases)·OPPO Group (57 cases)

Decisions
  • 2025-02-06

    Summary: Procedural order publishing the redacted version of the substantive decision of 22 November 2024 in the infringement action (with FRAND counterclaim and invalidity counterclaim) between Panasonic Holdings Corporation and OPPO/OROPE Germany GmbH. The underlying decision (issued 22 November 2024): patent EP 2 568 724 infringed; injunction, recall, disclosure and provisional damages of EUR 250,000 ordered; invalidity counterclaim and FRAND counterclaim dismissed; defendants to bear costs; value in dispute set at over EUR 50 million.

    Show the legal issues (6)
    • Patent infringement (SEP/FRAND context)
    • FRAND counterclaim
    • Invalidity counterclaim
    • Redaction of decision (Rule 262A RoP)
    • Provisional damages
    • Injunction with security requirement
  • 2024-11-22
    Infringement ActionPublic

    Summary: The Mannheim Local Division found that Guangdong OPPO and OROPE Germany infringed Panasonic's EP 2 568 724 (radio communication patent), granted injunction, recall and other relief, while dismissing the invalidity counterclaim and the FRAND counterclaim.

    Show the legal issues (4)
    • Patent infringement
    • Invalidity counterclaim
    • FRAND/SEP counterclaim
    • Injunction and ancillary relief
  • 2024-09-16
    Infringement ActionPublic

    Summary: Procedural order from the Mannheim Local Division scheduling and structuring the oral hearing in a SEP infringement action. The order confirms hearing dates and provides guidance on the structure of oral submissions, seating arrangements, and confidentiality measures. No substantive ruling on the merits.

    Show the legal issues (2)
    • Preparation of oral hearing in SEP infringement action
    • Hearing schedule and structure
  • 2024-07-09

    Summary: Mannheim Local Division granted an extension of deadlines for the defendants' submissions on FRAND aspects until 14 August 2024, following the conclusion of confidentiality proceedings. The extension was granted as necessary to allow for complete submissions on FRAND-related material, while taking into account that the parties were already familiar with the documents from parallel national proceedings.

    Show the legal issues (2)
    • Extension of deadlines for FRAND submissions
    • Case management after confidentiality order
  • 2024-02-14
    Infringement ActionPublic

    Summary: The Mannheim Local Division established a confidentiality regime in the Panasonic v. OPPO infringement proceedings for the production of licence agreements and confidential commercial information under Rules 190/191, 262, and 262A RoP, setting out a structured multi-step process to protect trade secrets while enabling their use in the proceedings.

    Show the legal issues (3)
    • Rules 190/191, 262, 262A RoP: production of documents and confidentiality regime
    • Protection of licence agreement terms as trade secrets
    • Third-party licence partner consent prior to production
Document titleDatePublic
Case Closure Formal Check2025-05-02Not public
Case Closure Formal Check2025-05-02Not public
Headnote-and-Keywords2025-02-06Not public
order 262A2025-02-06Public
Final redacted version decision 221120242025-02-06Public
rueck2025-02-04Public
Outcome of the Order2025-02-04Not public
rueck2025-02-04Public
Outcome of the Order2025-02-03Not public
rueck2025-02-03Public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Panasonic Holdings Corporation brought infringement proceedings against OPPO and OROPE Germany before the Mannheim Local Division concerning EP 2 568 724, a standard-essential patent for radio communication. The court found infringement and dismissed both the invalidity counterclaim and the FRAND counterclaim, ordering a pan-European injunction, recall and destruction, damages liability running from December 2014, and EUR 250,000 preliminary damages against both defendants jointly. The value in dispute was set at over EUR 50 million.

Accepted arguments
What the court agreed with — by party.
  • Infringement of EP 2 568 724 (SEP relating to radio communication) by OPPO and OROPE Germany

    ClaimantLegal basis: Art. 25 UPCA

    Note: The Mannheim Local Division found both defendants infringed and ordered pan-European injunction, recall, destruction, damages liability from 2014/2016, and EUR 250,000 preliminary damages.

  • Infringement of EP 2 568 724 B1 (radio communication patent) by OPPO and OROPE in Germany, France, Italy, the Netherlands and Sweden

    ClaimantLegal basis: Art. 25 UPCA

    Note: Court accepted infringement, granting injunction, recall, removal and destruction, information disclosure, and damages declaration.

Rejected arguments
What the court did not agree with — and why.
  • Counterclaim for revocation of EP 2 568 724

    RespondentLegal basis: Art. 65 UPCA

    Reason: Revocation counterclaim dismissed; patent found valid.

  • FRAND counterclaim: defendants should not be subject to injunction/damages because Panasonic failed to offer a FRAND licence

    RespondentLegal basis: Art. 29 UPCA; FRAND principles

    Reason: The FRAND counterclaim was dismissed; no detail is visible in the redacted excerpt as to the specific reasoning.

  • Invalidity counterclaim against EP 2 568 724 B1

    Respondent

    Reason: Dismissed in full; patent held valid (specific grounds not detailed in available excerpt).

  • FRAND counterclaim — willingness to take a FRAND license precluding injunction

    RespondentLegal basis: FRAND / SEP licensing principles

    Reason: FRAND counterclaim dismissed; defendants' FRAND defense was rejected on the merits (specific reasoning not visible in the first/last pages excerpt).