- Case details
- StatusPatent infringedAction—CategoryOther procedural
- Parties
- Respondents
- Guangzhou Aiyun Yanwu Technology Co., Ltd.Operating co.
- Division
- —
- Technology
- Mechanical engineeringHandling
- Other fieldsConsumer products
- Language
- —
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Matthias Zigann | Locked |
| Judge Tobias Pichlmaier | Locked |
| Judge Pierluigi Perrotti | Locked |
At the UPC: air up group GmbH (6 cases)·Guangzhou Aiyun Yanwu Technology Co., Ltd. (5 cases)
- 2025-01-09Decision By DefaultPublic
Summary: Decision by default of Munich Local Division in air up group GmbH v Guangzhou Aiyun Yanwu Technology Co. Ltd. concerning EP 3 897 305 (drinking device with aroma). The defendant (Chinese company) failed to enter an appearance. The court found infringement and ordered: (A) cease and desist from offering, placing on the market, using, importing or storing the infringing drinking devices and aroma containers across all 17 UPC member states; (B) rendering of accounts; (C) damages; (D) recall, removal and destruction of infringing products; and penalty payments for non-compliance.
Show the legal issues (3)
- Decision by default under R. 356 RoP
- Infringement of unitary patent across all UPC member states
- Remedies: injunction, recall, removal, destruction
- 2024-12-09
Summary: Munich Local Division held that steps already taken to bring a request for preliminary injunction to defendant's attention constituted good service under R.275.2 RoP, after service via Chinese authorities had failed or been seriously delayed for more than six months. The order established service rules when Hague Convention service fails.
Show the legal issues (3)
- Service of proceedings on Chinese defendant under R.275 RoP
- Alternative service when Hague Convention service fails
- Good service under R.275.2 RoP
- F245ED0F6CA202270F85D067D8953C4D_en.pdf2024-12-09EN
- C31AD9334232B7640873E4A9A61515F7_en.pdf2025-01-09EN