UPC CoA 755/2025
Aug 16, 2025·EP3407524 SEP +1 more · WIRELESS COMMUNICATION TERMINAL DEVICE, WIRELESS COMMUNICATION BASE STATION DEVICE, AND RESOURCE REGION SETTING METHOD
- Case details
- StatusCase Closed (Claim dismissed)ActionAppealCategoryMain appeal
- Parties
- ClaimantsRepresentatives
- Sabine Agé-Hoyng Rokh Monegier
- Caroline Levesque-Hoyng Rokh Monegier
Respondents- Vivo Mobile Communication Co., Ltd.Operating co.
- Vivo Tech GmbHOperating co.
- Vivo Mobile Communication Iberia SLOperating co.
Representatives- Georg Rauh-Vossius & Partner
- Division
- Court of Appeal
- Technology
- Electrical engineeringDigital communication
- Language
- English
- First decided
- Sep 23, 2025
- Last decision
- Oct 31, 2025
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Klaus Grabinski | Locked |
| Judge Emmanuel Gougé | Locked |
| Judge Peter Blok | Locked |
At the UPC: Sun Patent Trust (31 cases)·vivo Group (18 cases)
This dispute contains 12 other proceedings
UPC CFI 1785/2025·UPC CFI 1786/2025·UPC CoA 904/2025·UPC CoA 905/2025·UPC CoA 758/2025 and 7 more
Start a free trial to see how each one ended.
More cases: Court of Appeal·2025
- 2025-10-31
Summary: Court of Appeal dismissed Vivo's request to stay the first-instance proceedings (UPC_CFI_361/2025 and UPC_CFI_263/2025) and extend time limits pending the appeal proceedings. The CoA held that R.21.2 RoP (stay in context of preliminary objection appeal) cannot be applied by anticipation before an appeal against the preliminary objection order has been lodged. Under R.295 RoP, the CoA is generally not the appropriate body to decide on stays of first-instance proceedings, as the CFI is better placed to manage its own case.
Show the legal issues (4)
- Stay of first-instance proceedings pending appeal (R.21.2, R.295 RoP)
- Application of R.21.2 RoP only after appeal lodged
- Court of Appeal's general reluctance to manage first-instance stays
- FRAND defence and jurisdictional challenge
- 2025-09-23Application RoP313Public
Summary: The Court of Appeal (Panel 1a: Grabinski, Gougé, Blok) admitted Apple Inc. as an intervener in the appeal proceedings (UPC_CoA_755/2025 and UPC_CoA_757/2025) brought by Sun Patent Trust against VIVO concerning confidentiality protection orders under R. 262A RoP for EP 3 407 524 and EP 3 852 468. Apple was admitted because it is a party to the confidential licence agreements that VIVO's employees would have access to under the impugned orders, giving Apple a sufficient interest to intervene in support of Sun Patent Trust. Apple was given 15 days to file a Statement in intervention.
Show the legal issues (4)
- Intervention in appeal proceedings (R. 313 RoP)
- Confidentiality protection - access to highly confidential information (R. 262A RoP)
- Third party rights in confidential licence agreements
- FRAND licensing and SEP proceedings
| Document title | Date | Public |
|---|---|---|
| Case closed | 2026-01-27 | Not public |
| Order | 2026-01-27 | Not public |
| Order | 2026-01-27 | Not public |
| Order | 2026-01-27 | Public |
| Decision | 2026-01-26 | Not public |
| Final Order | 2026-01-26 | Not public |
| Oral procedure closed | 2025-11-27 | Not public |
| Note | 2025-11-27 | Not public |
| Oral procedure opened | 2025-11-14 | Not public |
| Written procedure closed | 2025-11-14 | Not public |