UPC CoA 79/2024
Mar 8, 2024·EP3876490: METHODS AND APPARATUS FOR OVERLAYING MULTI-CARRIER AND DIRECT SEQUENCE SPREAD SPECTRUM SIGNALS IN A BROADBAND WIRELESS COMMUNICATION SYSTEM
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- Division
- Court of Appeal
- Technology
- Telecommunications
- Language
- English
- First decided
- Apr 11, 2024
- Last decision
- Jun 4, 2024
- 2024-06-04DismissedAppeal decisionAppeal RoP220.2
Court of Appeal (4 June 2024) rejected Neo Wireless's appeal and confirmed that the opt-out filed by Neo Wireless LLC (USA) for all EPC states was invalid because it was not filed on behalf of all proprietors of all national parts of the patent (Neo Wireless GmbH & Co. KG held the German part). Art. 83(3) UPCA requires all proprietors of all national parts to lodge or authorise an opt-out.
Legal issues:Validity of opt-out (Art. 83(3) UPCA)Interpretation of opt-out requirementAll proprietors of all national parts must lodge opt-out - 2024-04-11Appeal decisionGeneric application
Order of the Court of Appeal setting out the time period for filing a Statement of appeal under Rule 220.2 RoP where leave to appeal is granted in the impugned order itself. The Court held that the 15-day period runs from service of the order containing the grant of leave (whether in the impugned order itself or in a separate order). The appeal arises from Neo Wireless GmbH & Co KG challenging rejection of a preliminary objection in revocation proceedings concerning EP 3 876 490 brought by Toyota Motor Europe.
Legal issues:Time period for Statement of appeal Rule 220.2 RoPLeave to appealPreliminary objection opt-out
| Document title | Date | Public |
|---|---|---|
| Acknowledgement-of-lodging | 2025-02-26 | Not public |
| Headnote-and-Keywords | 2025-02-14 | Not public |
| DecisionOutcome | 2024-06-04 | Not public |
| Final Order | 2024-06-04 | Public |
| Hearing Reference | 2024-05-24 | Not public |
| Hearing Reference | 2024-05-24 | Not public |
| interimProcedureClosure | 2024-05-06 | Not public |
| summons | 2024-05-06 | Not public |
| Response to the Court of Appeal’s order of May 2, 2024 | 2024-05-06 | Not public |
| Confirmation re. hearing date | 2024-05-06 | Not public |
| Order on oral hearing | 2024-05-02 | Public |
| Template-Order | 2024-05-02 | Not public |
| Template-Order | 2024-05-02 | Not public |
| interimConferenceDecisionAppeal | 2024-05-02 | Not public |
| Acknowledgement-of-lodging | 2024-04-19 | Not public |
| Response to Appeal | 2024-04-19 | Not public |
| Confirmation of notification of appointment | 2024-04-18 | Not public |
| Service Receipt | 2024-04-18 | Not public |
| Headnote-and-Keywords | 2024-04-11 | Not public |
| Outcome of the Order | 2024-04-11 | Not public |
| Final Order | 2024-04-11 | Public |
| Acknowledgement-of-lodging | 2024-04-10 | Not public |
| Acknowledgement of access to case | 2024-04-10 | Not public |
| Panel-Appointment | 2024-04-09 | Not public |
| Receipt | 2024-04-09 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-04-09 | Not public |
| Receipt | 2024-04-03 | Not public |
| Request for Decision by Default | 2024-04-03 | Not public |
| Submission on application to change the details of a representative | 2024-03-26 | Not public |
| Application to change the details of a representative | 2024-03-26 | Not public |
| Acknowledgement of lodging | 2024-03-26 | Not public |
| Acknowledgement-of-lodging | 2024-03-25 | Not public |
| Application to change the details of a representative | 2024-03-25 | Not public |
| Formal-checks_Request-for-correction | 2024-03-13 | Not public |
| Acknowledgement-of-lodging | 2024-03-08 | Not public |
| Proof of payment of court fees | 2024-03-08 | Not public |
| Appeal against Order rejecting Preliminary Objection | 2024-03-08 | Not public |