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UPC CoA 79/2024

Mar 8, 2024·EP3876490 SEP · METHODS AND APPARATUS FOR OVERLAYING MULTI-CARRIER AND DIRECT SEQUENCE SPREAD SPECTRUM SIGNALS IN A BROADBAND WIRELESS COMMUNICATION SYSTEM

Case details
Status
Case Closed (Claim dismissed)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Electrical engineering
    Telecommunications · Digital communication
Language
English
First decided
Apr 11, 2024
Last decision
Jun 4, 2024
EPO Opposition
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Patricia RombachLocked
Judge Ingeborg SimonssonLocked

At the UPC: Neo Wireless GmbH & Co. KG (3 cases)·Toyota Motor Europe NV/SA (3 cases)

Decisions
  • 2024-06-04
    Appeal RoP220.2Public

    Summary: 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.

    Show the legal issues (3)
    • Validity of opt-out (Art. 83(3) UPCA)
    • Interpretation of opt-out requirement
    • All proprietors of all national parts must lodge opt-out
  • 2024-04-11

    Summary: 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.

    Show the legal issues (3)
    • Time period for Statement of appeal Rule 220.2 RoP
    • Leave to appeal
    • Preliminary objection opt-out
Document titleDatePublic
Acknowledgement-of-lodging2025-02-26Not public
Headnote-and-Keywords2025-02-14Not public
DecisionOutcome2024-06-04Not public
Final Order2024-06-04Public
Hearing Reference2024-05-24Not public
Hearing Reference2024-05-24Not public
interimProcedureClosure2024-05-06Not public
summons2024-05-06Not public
Response to the Court of Appeal’s order of May 2, 20242024-05-06Not public
Confirmation re. hearing date2024-05-06Not public