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UPC CFI 582/2024

Oct 2, 2024·EP3732827 +1 more: METHOD AND SYSTEM FOR MAKING FUNCTIONAL DEVICES AVAILALBLE TO PARTICIPANTS OF MEETINGS

Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional Measures
Parties
Claimants
Reps: Christian Dekoninck (Taylor Wessing); Wim Maas (Taylor Wessing)
Respondents
Reps: Christian Dekoninck (Taylor Wessing); Wim Maas (Taylor Wessing); Laura Coucke (Taylor Wessing)
Division
Brussels LD
Judges
Technology
Computing & AI
Language
English
Decisions
  • 2025-05-08
    DismissedGeneric application

    The Brussels Local Division dismissed Yealink's application for rectification (R. 353 RoP) of the Final Order of 21 March 2025, which had dismissed Barco's application for provisional measures and ordered Barco to pay Yealink's costs up to the EUR 112,000 ceiling. Yealink sought to clarify the order by adding the word 'interim' to the costs award, but the court found no clerical error, miscalculation or obvious omission warranting rectification. The court confirmed that the costs award of EUR 112,000 against Barco (the unsuccessful party in the provisional measures) was already clearly an interim award on the face of the Final Order.

    Legal issues:Rectification of order (R. 353 RoP)Clerical errors, miscalculations and obvious omissionsInterim award of costs (R. 150(2) RoP)Application for rectification dismissed
  • 2025-03-21
    PI deniedApplication for provisional measures

    The Local Division Brussels dismissed Barco's application for provisional measures against Yealink due to lack of urgency. Barco had waited an unreasonably long period before filing, having been aware of the allegedly infringing products since at least May 2023. Barco was ordered to pay Yealink's costs up to EUR 112,000. Dispute value set at EUR 1,000,000.

    Legal issues:Urgency for provisional measures (Rule 211.4 RoP)Territorial competence (Article 33 UPCA)Preliminary objection timing (Rule 19(1) RoP)Brussels I Regulation and UPCA jurisdictionUPC date of filing requirements
Documents
Document titleDatePublic
Outcome of the Order2025-06-07Not public
Closing Workflow2025-06-07Public
Outcome of the Order2025-06-07Not public
Closing Workflow2025-06-07Public
Outcome of the Order2025-06-07Not public
Closing Workflow2025-06-07Public
Outcome of the Order2025-06-07Not public
Closing Workflow2025-06-07Public
Headnote-and-Keywords2025-05-08Not public
Outcome of the Order2025-05-08Not public
R. 353 RoP2025-05-08Public
Comments pursuant to RoP2642025-04-28Not public
R. 353 RoP2025-04-24Not public
Template-Order2025-04-24Not public
R. 353 RoP2025-04-24Not public
Template-Order2025-04-24Not public
R. 353 RoP2025-04-22Not public
Template-Order2025-04-22Not public
R. 353 RoP2025-04-22Not public
R. 353 RoP2025-04-22Not public
Receipt2025-04-18Not public
Exhibit HL-R353-012025-04-18Not public
Application for rectification of order pursuant to R3532025-04-18Not public
Outcome of the Order2025-04-03Not public
Confirmation of appointment2025-04-03Public
Outcome of the Order2025-04-03Not public
Confirmation of appointment2025-04-03Public
Receipt2025-04-03Not public
Yealink request for access to audio recording pursuant to R115 RoP2025-04-02Not public
Receipt2025-04-02Not public
2025.03.31 - Request for access to audio recording2025-04-01Not public
Receipt2025-04-01Not public
2025.03.31 - Request for access to audio recording2025-03-31Not public
Headnote-and-Keywords2025-03-21Not public
Measures_DecisionOutcome_Notification.pdf2025-03-21Not public
R. 206 RoP Provisional Measures2025-03-21Public
Recording of oral hearing 140220252025-02-17Not public
Recording of oral hearing 140220252025-02-17Not public
Receipt2025-01-22Not public
Exhibit HL252025-01-22Not public
Yealink rejoinder to reply to objection for provisional measures2025-01-22Not public
Exhibit HL242025-01-22Not public
Exhibit HL232025-01-22Not public
Exhibit HL222025-01-22Not public
Receipt2025-01-08Not public
Annex A52025-01-07Not public
Annex F62025-01-07Not public
Annex B182025-01-07Not public
Annex B202025-01-07Not public
Annex B222025-01-07Not public
Annex A62025-01-07Not public
Annex B192025-01-07Not public
Annex B232025-01-07Not public
Annex A42025-01-07Not public
Annex F72025-01-07Not public
Annex B252025-01-07Not public
Annex F22025-01-07Not public
Annex B212025-01-07Not public
Annex C112025-01-07Not public
2025.01.07 - Reply to Objection to Application for Provisional Measures2025-01-07Not public
Annex F42025-01-07Not public
Annex F52025-01-07Not public
Annex B242025-01-07Not public
Annex F32025-01-07Not public
Summon-Oral-Hearing2025-01-06Not public
R. 209 (1) b RoP2025-01-06Public
Panel-Appointment2024-12-30Not public
Receipt2024-12-18Not public
Exhibit HL202024-12-17Not public
Exhibit HL032024-12-17Not public
Exhibit HL142024-12-17Not public
Exhibit HL072024-12-17Not public
Exhibit HL042024-12-17Not public
Exhibit HL102024-12-17Not public
Exhibit HL212024-12-17Not public
Exhibit HL152024-12-17Not public
Exhibit HL022024-12-17Not public
Exhibit HL112024-12-17Not public
Exhibit HL162024-12-17Not public
Exhibit HL052024-12-17Not public
Yealink's objection to application for provisional measures2024-12-17Not public
Exhibit HL172024-12-17Not public
Exhibit HL062024-12-17Not public
Exhibit HL012024-12-17Not public
Exhibit HL192024-12-17Not public
Exhibit HL092024-12-17Not public
Exhibit HL082024-12-17Not public
Exhibit HL132024-12-17Not public
Exhibit HL122024-12-17Not public
Exhibit HL182024-12-17Not public
R. 209 (1) b RoP juncto R. 210 (1) RoP2024-11-28Public
Comments on summoning order2024-11-21Not public
Comments on summoning order2024-11-21Not public
2024.11.21 - Comments on Order re hearing date2024-11-21Not public
R. 209 (1) b RoP juncto R. 210 (1) RoP2024-11-14Not public
R.206.3. RoP2024-11-14Public
Acknowledgement of access to case2024-10-30Not public
Notification Of Service2024-10-30Not public
R.209.1. RoP2024-10-29Public
Order R. 303.22024-10-22Not public
Acknowledgement of access to case2024-10-21Not public
Notification Of Service2024-10-21Not public
Recipt Yealink Europe2024-10-21Not public
Letter-for-Service2024-10-11Not public
Notice-to-Accompany-Service-of-Order-for-Measures2024-10-10Not public
Panel-Appointment2024-10-10Not public
Application-For-Measures-Receipt2024-10-08Not public
Formal-checks_Notification-of-positive-outcome2024-10-08Not public
Annex C62024-10-07Not public
Annex C12024-10-07Not public
Annex C42024-10-07Not public
Annex E42024-10-07Not public
Annex C3 - Part 102024-10-07Not public
Annex B142024-10-07Not public
Annex C3 Part 32024-10-07Not public
Annex C3 - Part 82024-10-07Not public
Annex B102024-10-07Not public
Annex B52024-10-07Not public
Annex B162024-10-07Not public
Annex C3 Part 22024-10-07Not public
Annex D12024-10-07Not public
Annex C92024-10-07Not public
Annex E12024-10-07Not public
Annex B132024-10-07Not public
Annex C3 - Part 52024-10-07Not public
Annex C22024-10-07Not public
Annex B32024-10-07Not public
Annex C3 - Part 92024-10-07Not public
Annex D22024-10-07Not public
Annex B72024-10-07Not public
Annex C72024-10-07Not public
Annex C3 - Part 72024-10-07Not public
2024.10.02 - Application for provisional measures - Barco2024-10-07Not public
Annex C3 - Part 42024-10-07Not public
Annex A12024-10-07Not public
Annex C82024-10-07Not public
Annex F12024-10-07Not public
Annex A32024-10-07Not public
Annex A22024-10-07Not public
Annex B62024-10-07Not public
Annex E22024-10-07Not public
Annex E32024-10-07Not public
Annex B82024-10-07Not public
Formal response to request for amendments2024-10-07Not public
Annex C52024-10-07Not public
Annex C3 - Part12024-10-07Not public
Annex B152024-10-07Not public
Annex B42024-10-07Not public
Annex B92024-10-07Not public
Application for provisional measures (as amended)2024-10-07Not public
Annex B112024-10-07Not public
Annex C3 - Part12024-10-07Not public
Annex B122024-10-07Not public
Annex B142024-10-07Not public
Annex B172024-10-07Not public
Annex C3 - Part 62024-10-07Not public
Annex B12024-10-07Not public
Annex C102024-10-07Not public
Annex B22024-10-07Not public
Formal-checks_Request-for-correction2024-10-04Not public
Application-For-Measures-Acknowledgement2024-10-02Not public
Annex B92024-10-02Not public
Annex C3 - Part 92024-10-02Not public
Annex E22024-10-02Not public
Annex C3 - Part 72024-10-02Not public
Annex B42024-10-02Not public
Annex C3 - Part 52024-10-02Not public
Annex B32024-10-02Not public
Annex B22024-10-02Not public
Annex F12024-10-02Not public
Annex C72024-10-02Not public
Annex B12024-10-02Not public
Annex C3 - Part 82024-10-02Not public
Annex B142024-10-02Not public
Annex C62024-10-02Not public
Annex C102024-10-02Not public
Annex B52024-10-02Not public
2024.10.02 - Application for provisional measures - Barco2024-10-02Not public
Annex C52024-10-02Not public
Annex C92024-10-02Not public
Annex C3 - Part 102024-10-02Not public
Annex A12024-10-02Not public
Annex B102024-10-02Not public
Annex A32024-10-02Not public
Annex C3 - Part 62024-10-02Not public
Annex C3 - Part12024-10-02Not public
Annex D22024-10-02Not public
Annex C3 - Part12024-10-02Not public
Annex E12024-10-02Not public
Annex C3 Part 22024-10-02Not public
Annex C3 Part 32024-10-02Not public
Annex B152024-10-02Not public
Annex C22024-10-02Not public
Annex E42024-10-02Not public
Annex B162024-10-02Not public
Annex B172024-10-02Not public
Annex B142024-10-02Not public
Annex C42024-10-02Not public
Annex B82024-10-02Not public
Annex B132024-10-02Not public
Annex B72024-10-02Not public
Annex B62024-10-02Not public
Annex A22024-10-02Not public
Annex D12024-10-02Not public
Annex C82024-10-02Not public
Annex B122024-10-02Not public
Annex E32024-10-02Not public
Annex B112024-10-02Not public
Annex C3 - Part 42024-10-02Not public
Annex C12024-10-02Not public
Plain-English summary

Barco NV applied to the Brussels Local Division for provisional measures against Yealink entities based on EP 3 732 827 (method for making functional devices available to meeting participants). The court dismissed the application solely on the ground of lack of urgency, finding that Barco had been aware of the allegedly infringing products since at least May 2023 and its delay in filing until October 2024 was unreasonable. A subsequent application by Yealink to rectify the costs order by adding the word 'interim' was also dismissed as no clerical error existed.

Accepted arguments
What the court agreed with — by party.

  • Lack of urgency: Barco was aware of allegedly infringing products since at least May 2023 and failed to act promptly

    RespondentLegal basis: Art. 62 UPCA; R. 206 RoP

    Note: Court found Barco knew of infringing devices since May 2023; objective earliest date for filing was June 2024; waiting until October 2024 was unreasonable.

  • LD Brussels has territorial competence to hear the provisional measures application

    ClaimantLegal basis: Art. 33(1) UPCA

    Note: Court held Brussels LD competent; Brussels I Regulation amendments were directed only at international jurisdiction, not internal UPC territorial competence under Art. 33 UPCA.

  • Earliest date for UPC jurisdiction is date of grant of the European Patent, not date of registration of unitary effect

    RespondentLegal basis: Art. 3(c) UPCA; Art. 32(1)(a)/(c) UPCA

    Note: Court confirmed the relevant starting date for computing UPC jurisdiction is the grant date of the EP, not the later date of unitary effect registration.

  • Conditions for provisional measures are cumulative; failure on urgency alone is sufficient to dismiss without assessing other conditions

    RespondentLegal basis: Art. 62 UPCA; R. 206 RoP

    Note: Court dismissed without reaching infringement or validity merits, consistent with procedural economy of provisional measures proceedings.

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

  • Barco's delay in filing was not unreasonable given complexity of infringement analysis

    Claimant

    Reason: Barco itself admitted infringing products had been on the market for a long time and had been aware since at least May 2023; there was no justification for waiting until October 2024 to file.

  • Rectification of Final Order to add the word 'interim' to costs award was warranted under R. 353 RoP

    ClaimantLegal basis: R. 353 RoP

    Reason: No clerical error, miscalculation or obvious omission existed; the Final Order's reference to R. 150(2) RoP already made clear the costs award was interim; R. 353 grounds are exhaustive.

Key legal principles
Doctrines and rules cited in the reasoning.
Urgency for provisional measures: delay in filing after knowledge of infringement may defeat urgencyConditions for provisional measures are cumulative; lack of urgency alone defeats the applicationBrussels I Regulation amendments govern international jurisdiction only, not internal UPC territorial competence under Art. 33 UPCAArt. 33(1) UPCA lists alternative competences without hierarchical preference between sub-paragraphs (a) and (b)Earliest UPC jurisdiction date is the grant date of the European Patent, not the unitary effect registration dateR. 353 RoP rectification grounds are exhaustive: only clerical errors, miscalculations, and obvious omissions qualifyA decision must be read as a whole including its reasoning; the substantive operative part and the motivational grounds are equally part of the order

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