UPC CoA 44/2024

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

• 2024-03-11
  Appeal RoP220.2Public

  Summary: The Court of Appeal (second panel) set aside the Munich Local Division's order separating the action based on EP 3 678 321 and established that when a new patent is added to pending proceedings under R. 263 RoP, the defendant must receive the same response time as for a new action.

  Show the legal issues (3)

  • Amendment of case by adding patent R. 263 RoP
  • Due process and time period for defence
  • Separation of proceedings R. 302 RoP
• 2024-02-22
  Application for an Order for expedition of an appeal (RoP225(e))Public

  Summary: The UPC Court of Appeal dismissed Netgear's request to expedite the appeal and shorten the respondent's time period for filing a statement of response, finding the request too unspecified and insufficiently substantiated given the interests of Huawei and principles of due process in proceedings challenging a separation order.

  Show the legal issues (4)

  • Expedition of appeal (R.225(e), R.9.3(b) RoP)
  • Shortening of time period for statement of response
  • Interests of respondent and due process
  • Appeal against separation order (R.302.1 RoP)