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UPC CFI 509/2023

—·EP3897305

Case details
Status
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Action
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Category
Other Procedural
Parties
Claimants
Reps: Jan Boesing
Division
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Judges
Language
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Claims
At issue1, 2, 6, 7, 8, 10
Infringed1, 2, 6, 7, 8, 10
Notes: Munich Local Division default judgment on EP 3 897 305: operative part explicitly orders cessation of infringement of claims 1, 2, 6, 7 (drinking device) and claims 8, 10 (aroma container).
Decisions
  • 2025-01-09
    InfringedInjunction grantedDecision By Default

    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.

    Legal issues:Decision by default under R. 356 RoPInfringement of unitary patent across all UPC member statesRemedies: injunction, recall, removal, destruction
    Damages: Liability declared, amount deferred
  • 2024-12-09
    Generic application

    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.

    Legal issues:Service of proceedings on Chinese defendant under R.275 RoPAlternative service when Hague Convention service failsGood service under R.275.2 RoP
Documents
  • F245ED0F6CA202270F85D067D8953C4D_en.pdf2024-12-09ENGLISH
  • C31AD9334232B7640873E4A9A61515F7_en.pdf2025-01-09EN