UPC CoA 79/2024

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

• 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
  Public

  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