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UPC CFI 688/2024

Nov 26, 2024·EP3972309 Unitary patentSEP · METHOD AND APPARATUS FOR IMPLEMENTING BEARER SPECIFIC CHANGES AS PART OF A CONNECTION RECONFIGURATION THAT IMPACTS THE SECURITY KEYS BEING USED

Case details
Status
Case Closed (Patent partly revoked)
Action
Counterclaim for revocation
Category
Counterclaim for revocation
Parties
Claimants
Respondents
Representatives
Division
Munich LD
Technology
  • Electrical engineering
    Digital communication
Language
German
First decided
Oct 10, 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.
Patent revokedMedian days to first decision
All UPC37% (34/91)124
Munich LDLockedLocked
Judge Matthias ZigannLockedLocked
Judge Tobias PichlmaierLockedLocked
Judge Peter AgergaardLockedLocked
Judge Klaus LoibnerLockedLocked

At the UPC: Asus Group (46 cases)·Motorola Group (41 cases)

Decisions
  • 2025-10-10
    Counterclaim for revocationPublic

    Summary: The same Munich Local Division decision as UPC_CFI_303/2024, in the associated counterclaim proceedings: EP 3 972 309 revoked for added matter and infringement action dismissed.

    Show the legal issues (2)
    • Added matter via counterclaim for revocation
    • Infringement action dismissed
Document titleDatePublic
Case closed2025-12-29Not public
Order2025-12-29Not public
Order2025-12-29Public
Oral procedure closed2025-12-23Not public
Order2025-11-17Not public
Order2025-11-17Public
Cover sheet2025-11-10Not public
Application document Defendant2025-11-10Not public
Receipt2025-11-10Not public
Decision2025-10-15Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Motorola Mobility LLC sued ASUS entities for infringement of EP 3 972 309 B1 (a telecom standard-essential patent on bearer-specific security key changes during LTE connection reconfiguration). The Munich Local Division revoked claims 1 and 11 for all 17 UPCA member states on the basis of added matter — the claimed feature combinations could not be derived from the parent application — and dismissed both the infringement action and all auxiliary amendment requests, with Motorola bearing the full costs.

Accepted arguments
What the court agreed with — by party.
  • Claims 1 and 11 of EP 3 972 309 contain added matter extending beyond the original parent application

    ClaimantLegal basis: Art. 76(1) EPC; added matter

    Note: Munich Local Division accepted ASUS's argument that the claimed feature combinations of claims 1 and 11 cannot be derived from any explicit text, claim, passage or drawing of the parent application (Stammanmeldung), either individually or in overall context.

Rejected arguments
What the court did not agree with — and why.
  • Applications to amend the patent (auxiliary requests) should cure the added-matter defect

    RespondentLegal basis: Art. 76(1) EPC; R. 30 RoP

    Reason: The auxiliary requests did not address the ground of lack of original disclosure (added matter), and could therefore not affect the outcome of the revocation counterclaim.

  • Claims 1 and 11 of EP 3 972 309 are infringed by ASUS devices

    ClaimantLegal basis: Art. 65 UPCA

    Reason: Because claims 1 and 11 were revoked for added matter, they are invalid and the infringement action based on those claims was dismissed.

Claim construction notes

The court examined whether the feature combinations in claims 1 and 11 (relating to bearer-specific security key changes during LTE connection reconfiguration) could be derived from the parent application. It found no passage, claim or drawing in the parent application that expressly or implicitly disclosed those specific combinations.