UPC CFI 9/2023

At the UPC: Huawei Group (62 cases)·Netgear Group (20 cases)

• 2024-12-18
  Infringement ActionPublic

  Summary: The Munich Local Division issued a landmark 161-page judgment in Huawei v Netgear finding infringement of Huawei's SEP portfolio patents and granting injunction, recall and destruction orders against Netgear entities across Belgium, Germany, Italy, Finland, France and Sweden, alongside a declaration of liability for damages; counterclaims for revocation were partially successful but did not defeat infringement for all claims.

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  • SEP/FRAND infringement
  • exhaustion defence
  • IEEE Bylaws FRAND obligation
  • CJEU Huawei v ZTE criteria
  • injunction proportionality Art. 63 UPCA
  • counterclaim for revocation
• 2024-09-09
  Public

  Summary: The Munich Local Division vacated its earlier order appointing a translation expert after the claimant confirmed that the parties agreed on the translation of the Chinese-language documents, rendering the expert appointment unnecessary.

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  • Translation of Chinese-language priority documents
  • Case management
• 2024-02-09
  Infringement ActionPublic

  Summary: The Munich Local Division issued an order under Rule 322 RoP in the Huawei v. Netgear infringement proceedings, deciding that, although German remains the language of proceedings, the oral hearing shall be conducted in English, relying on Rules 1.1 and 14.2(c) RoP to ensure an efficient and fair hearing given the international nature of the case and the parties' agreement.

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  • Rule 322 RoP: change of language of oral hearing
  • Rule 14.2(c) RoP: language of oral hearing vs. language of proceedings
  • Flexibility and efficiency in UPC proceedings (Rule 1.1 RoP)
• 2023-12-11
  Infringement ActionPublic

  Summary: The Munich Local Division dismissed Netgear's Rule 333 RoP request to have the full panel review the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings, holding that a Rule 20.2 notification cannot be appealed or subject to panel review, and that inadmissible Rule 333 requests are decided by the rapporteur alone.

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  • Rule 333 RoP review by full panel
  • Rule 20.2 RoP notification not appealable
  • Preliminary objection in main proceedings
• 2023-12-11
  Infringement ActionPublic

  Summary: The Munich Local Division granted Huawei's application under Rule 263 RoP to amend its infringement claim to add EP 3 678 321 as an additional patent in suit alongside EP 3 611 989, having originally sued only on the latter patent; the court addressed the admissibility of claim amendment after conclusion of a limitation procedure.

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  • Amendment of claim / addition of further patent (Rule 263 RoP)
  • Limitation procedure
  • Admissibility of claim extension
• 2023-12-11
  Infringement ActionPublic

  Summary: The Munich Local Division issued a provisional order under Rule 302.1 RoP considering possible severance of the newly added EP 3 678 321 claims from the main case following the grant of the claim amendment, inviting submissions from parties on whether the new patent should be heard separately.

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  • Severance of added patent (Rule 302.1 RoP)
  • Case management after claim amendment
• 2023-10-03
  Infringement ActionPublic

  Summary: The Munich Local Division issued a procedural order clarifying obligations to use CMS official workflows, including the Rule 262.2 workflow for confidentiality protection from third parties and the Rule 262A workflow for confidentiality between parties, in an infringement action by Huawei against Netgear.

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  • CMS workflows (Rule 4.2 RoP)
  • Confidentiality (Rule 262.2, Rule 262A RoP)