UPC CoA 183/2024
Apr 22, 2024·EP2792100: METHOD AND DEVICE FOR SECURE COMMUNICATIONS OVER A NETWORK USING A HARDWARE SECURITY ENGINE
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- Respondents
- MediaTek Inc. (Headquarters)
- Xiaomi Inc.
- Xiaomi Technology Netherlands B.V.
- Xiaomi Technology Germany GmbH
- Xiaomi Communications Co., Ltd.
Reps: Tilman Mueller-Stoy - Division
- Court of Appeal
- Technology
- Telecommunications
- Language
- English
- First decided
- May 1, 2024
- Last decision
- Aug 6, 2024
- 2024-08-06Appeal decisionAppeal RoP220.2
Order from the Court of Appeal (UPC_CoA_183/2024) addressing service of a Statement of Claim on defendants based in China and Taiwan. The Court held that a group company in a Contracting Member State cannot automatically be used to serve Chinese or Taiwanese parent companies; Hague Convention procedures must normally be attempted first for China, and diplomatic/consular channels for Taiwan, before alternative methods are permitted.
Legal issues:Service on defendants in China and Taiwan (R. 273, R. 274 RoP)Hague Service ConventionService via group companyAlternative methods of service - 2024-06-04DismissedAppeal decisionGeneric application
Court of Appeal (4 June 2024) rejected Daedalus Prime LLC's application to partially withdraw its appeal as against Xiaomi NL and Xiaomi DE only. The CoA held that those respondents had been served, had responded to the appeal, and had a legitimate interest in having the appeal adjudicated in relation to them, so partial withdrawal would impermissibly deprive them of their right to be heard.
Legal issues:Partial withdrawal of appeal (R. 265 RoP)Right to be heardRespondents' legitimate interest - 2024-05-01Application Rop 333
Court of Appeal (Second Panel) dismissed Daedalus Prime LLC's request for panel review of an order refusing extension of time for the Statement of Grounds of Appeal. The panel found no grounds to deviate from the judge-rapporteur's order, holding that the desire to present a thorough analysis or obtain a legal opinion does not justify extension.
Legal issues:Panel review (R. 333 RoP)Extension of time for Statement of Grounds of Appeal (R. 224.2, R. 9.3 RoP)Exceptional circumstances for extension
| Document title | Date | Public |
|---|---|---|
| Headnote-and-Keyword-Translated | 2025-06-16 | Not public |
| Headnote-and-Keyword-Translated | 2025-06-12 | Not public |
| Outcome of the Order | 2025-02-14 | Not public |
| Close workflow | 2025-02-14 | Public |
| Outcome of the Order | 2025-02-14 | Not public |
| Close workflow | 2025-02-14 | Public |
| Outcome of the Order | 2025-02-12 | Not public |
| Close workflow | 2025-02-12 | Public |
| Outcome of the Order | 2025-02-12 | Not public |
| Close workflow | 2025-02-12 | Public |
| Outcome of the Order | 2025-02-07 | Not public |
| Close workflow | 2025-02-07 | Public |
| Headnote-and-Keywords | 2024-08-06 | Not public |
| Acknowledgement-of-lodging | 2024-08-06 | Not public |
| DecisionOutcome | 2024-08-06 | Not public |
| Final order | 2024-08-06 | Public |
| Receipt | 2024-06-26 | Not public |
| Submission 25062024 | 2024-06-26 | Not public |
| Hearing Reference | 2024-06-07 | Not public |
| Hearing Reference | 2024-06-07 | Not public |
| Updated summons to oral hearing | 2024-06-05 | Public |
| interimProcedureClosure | 2024-06-05 | Not public |
| Headnote-and-Keywords | 2024-06-04 | Not public |
| Outcome of the Order | 2024-06-04 | Not public |
| Order on partial withdrawal of appeal | 2024-06-04 | Public |
| Receipt | 2024-05-31 | Not public |
| Exhibit PS 5 | 2024-05-31 | Not public |
| Reply to Response to Appeal | 2024-05-31 | Not public |
| Exhibit PS 4 | 2024-05-31 | Not public |
| Schriftsatz | 2024-05-30 | Not public |
| Schriftsatz | 2024-05-30 | Not public |
| Response re time of oral hearing | 2024-05-29 | Not public |
| Response re time of oral hearing | 2024-05-29 | Not public |
| Procedural order R236 and joint hearing | 2024-05-29 | Not public |
| Procedural order communicating application to partially withdraw appeal | 2024-05-28 | Not public |
| Submission | 2024-05-27 | Not public |
| Receipt | 2024-05-24 | Not public |
| Partial Withdrawal of R. 220.2 Appeal | 2024-05-24 | Not public |
| Consultation about the Statement of response | 2024-05-24 | Not public |
| Case management order | 2024-05-24 | Public |
| Receipt | 2024-05-22 | Not public |
| Receipt | 2024-05-22 | Not public |
| Application for intervention | 2024-05-21 | Not public |
| Exhibit BP01 | 2024-05-21 | Not public |
| Statement of Response | 2024-05-21 | Not public |
| summons | 2024-05-17 | Not public |
| Summons to oral hearing | 2024-05-17 | Public |
| interimConferenceDecisionAppeal | 2024-05-13 | Not public |
| Receipt | 2024-05-06 | Not public |
| Statement of grounds of appeal | 2024-05-03 | Not public |
| Exhibit PS 2 | 2024-05-03 | Not public |
| Amended Statement of Appeal of April 27, 2024 | 2024-05-03 | Not public |
| Exhibit PS 1 | 2024-05-03 | Not public |
| Technical Explantion | 2024-05-03 | Not public |
| Exhibit PS 3 | 2024-05-03 | Not public |
| Statement of Appeal of April 22, 2024 | 2024-05-03 | Not public |
| Outcome of the Order | 2024-05-01 | Not public |
| Panel order concerning time extension | 2024-05-01 | Public |
| Receipt | 2024-04-30 | Not public |
| Application for review R. 333 RoP | 2024-04-29 | Not public |
| Order concerning time extension | 2024-04-29 | Public |
| Panel-Appointment | 2024-04-29 | Not public |
| Receipt | 2024-04-29 | Not public |
| Acknowledgement-of-lodging | 2024-04-29 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-04-29 | Not public |
| Amended appeal R. 220.2 | 2024-04-27 | Not public |
| impugned decision CFI 169-2024 | 2024-04-27 | Not public |
| Appeal RoP220.2 and request for extension of time period | 2024-04-27 | Not public |
| Amended appeal R. 220.2 redline | 2024-04-27 | Not public |
| Formal response to the request for amendments | 2024-04-27 | Not public |
| Formal-checks_Request-for-correction | 2024-04-26 | Not public |
| Acknowledgement-of-lodging | 2024-04-22 | Not public |
| Appeal RoP220.2 and request for extension of time period | 2024-04-22 | Not public |
| impugned decision CFI 169-2024 | 2024-04-22 | Not public |