Overview · Filed: May 24, 2024
UPC_CoA_264/2024
AppealsMain AppealCourt of AppealAppealCase Closed
Parties
Claimants
- Audi AG(Volkswagen Group)
Reps: Jan Bösing (Bardehle Pagenberg); Saskia Mertsching (Bardehle Pagenberg); Monika Harten (Bardehle Pagenberg)
Respondents
- Network System Technologies LLC
Reps: Thomas Gniadek (Simmons & Simmons)
Judges
- Rian Kalden
- Patricia Rombach
- Ingeborg Simonsson
Patents
- —
Outcome
Dismissed
Filed: May 24, 2024
First decided: —
Language: —
The Court of Appeal dismissed Audi AG's appeal in six consolidated cases challenging the Munich Local Division's refusal to grant preliminary objections under Rule 361 RoP (action manifestly bound to fail) against NST's infringement actions. The court held that R.361 RoP is reserved for clear-cut cases and cannot require the claimant to pre-empt every possible line of defence in the statement of claim. The court also rejected Audi's arguments that opt-outs were invalidly withdrawn, finding the UPC has jurisdiction.
Open on UPC Registry