UPC CFI 245/2025

At the UPC: SWARCO FUTURIT Verkehrssignalsysteme GmbH (11 cases)·Yunex GmbH (5 cases)

• 2026-10-13
  InfringementPublic

  Summary: The Munich Local Division rejected the defendant Yunex's application for a retroactive extension of the R.333 time limit and its R.333 application to review a case management order, because the court fee was paid after the 15-day period expired and no re-establishment of rights was sought. Leave to appeal was refused. No substantive patent ruling was made.

  Show the legal issues (5)

  • R.333 RoP review of case management order
  • R.333.3 fee payment and R.15.2 deemed non-filing
  • retroactive extension of time under R.9.3(a)
  • re-establishment of rights under R.320
  • leave to appeal refused
• 2026-09-28
  InfringementPublic

  Summary: After the second interim conference (11 September 2026), the Munich LD judge-rapporteur confirmed the 2 February 2027 oral hearing in SWARCO v Yunex (infringement UPC_CFI_245/2025 and counterclaim UPC_CFI_618/2025), admitted the parties' amended requests reflecting the EPO limitation of EP 2 643 717, rejected Yunex's late submissions beyond the permitted scope and its request to examine the attacked optics, allowed Yunex to file quantified cost and security requests, confirmed a confidentiality order and again suggested mediation at the PMAC.

  Show the legal issues (4)

  • Orders after an interim conference (R. 105.5 RoP)
  • Admission of amended requests following an EPO limitation (R. 30.2, R. 263.3 RoP)
  • Late submissions beyond the scope of a granted leave to reply are disregarded
  • Confidentiality order under R. 262A RoP confirmed