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
- StatusCase Closed (Patent partly revoked)ActionCounterclaim for revocationCategoryCounterclaim for revocation
- Parties
- Claimants
- ASUS Computer GmbHOperating co.
- ASUSTEK (UK) LIMITEDOperating co.
- ASUSTek Computer Inc.Operating co.
Representatives- Alexander Wiese-Wildanger Kehrwald Graf von Schwerin & Partner mbB
- Division
- Munich LD
- Technology
- Electrical engineeringDigital communication
- Language
- German
- First decided
- Oct 10, 2025
| Patent revoked | Median days to first decision | |
|---|---|---|
| All UPC | 37% (34/91) | 124 |
| Munich LD | Locked | Locked |
| Judge Matthias Zigann | Locked | Locked |
| Judge Tobias Pichlmaier | Locked | Locked |
| Judge Peter Agergaard | Locked | Locked |
| Judge Klaus Loibner | Locked | Locked |
At the UPC: Asus Group (46 cases)·Motorola Group (41 cases)
This dispute contains 2 other proceedings
- 2025-10-10Counterclaim 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 title | Date | Public |
|---|---|---|
| Case closed | 2025-12-29 | Not public |
| Order | 2025-12-29 | Not public |
| Order | 2025-12-29 | Public |
| Oral procedure closed | 2025-12-23 | Not public |
| Order | 2025-11-17 | Not public |
| Order | 2025-11-17 | Public |
| Cover sheet | 2025-11-10 | Not public |
| Application document Defendant | 2025-11-10 | Not public |
| Receipt | 2025-11-10 | Not public |
| Decision | 2025-10-15 | Not public |
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.
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 matterNote: 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.
Applications to amend the patent (auxiliary requests) should cure the added-matter defect
RespondentLegal basis: Art. 76(1) EPC; R. 30 RoPReason: 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 UPCAReason: Because claims 1 and 11 were revoked for added matter, they are invalid and the infringement action based on those claims was dismissed.
Browse other cases on this principle.
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.