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UPC CoA 205/2024

May 7, 2024·EP2642632 · Wireless power receiver and method of manufacturing the same

Case details
Status
Case Closed (Claim dismissed)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Electrical engineering
    Electrical machinery, apparatus, energy · Digital communication
Language
German
First decided
Jun 4, 2024
Last decision
Aug 6, 2024
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Ingeborg SimonssonLocked
Judge Patricia RombachLocked

At the UPC: Nera Innovations Ltd. (7 cases)·Xiaomi Group (92 cases)

Decisions
  • 2024-08-06
    Appeal RoP220.2Public

    Summary: Court of Appeal upheld Hamburg Local Division's refusal to allow service of a statement of claim on Chinese Xiaomi entities (Xiaomi Communications Co. Ltd. and Xiaomi Inc.) via their German/Dutch group companies in Nera Innovations Ltd. v. Xiaomi entities (EP 2 642 632). The court held: (1) service on a Chinese-domiciled defendant cannot be made via a group company in a contracting member state without more, because the corporate separation principle applies; (2) service must first be attempted via the Hague Service Convention (R. 274.1(a)(ii) RoP); (3) alternative service (R. 274.1(b), R. 275 RoP) is available only after Hague Convention attempts.

    Show the legal issues (3)
    • Service of statement of claim on defendants in China (R. 273, 274 RoP)
    • Hague Service Convention requirement before alternative service
    • Corporate separation principle preventing service via group company
  • 2024-06-04

    Summary: The Court of Appeal (second panel) addressed Nera Innovations' request for partial withdrawal of its appeal against two of four Xiaomi defendants, establishing principles on when partial withdrawal of an appeal is permissible under R. 265 RoP and whether the other parties have legitimate interests in a full decision.

    Show the legal issues (3)
    • Partial withdrawal of appeal R. 265 RoP
    • Legitimate interests of respondents
    • Service of proceedings on foreign defendants
Document titleDatePublic
Headnote-and-Keyword-Translated2025-06-12Not public
Outcome of the Order2025-02-12Not public
Close workflow2025-02-12Public
Outcome of the Order2025-02-07Not public
Close workflow2025-02-07Public
Headnote-and-Keywords2025-02-04Not public
Headnote-and-Keywords2024-08-06Not public
Acknowledgement-of-lodging2024-08-06Not public
DecisionOutcome2024-08-06Not public
Anordnung2024-08-06Public