Decisions
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2025-07-03 | UPC_APP_47877/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division ordered the claimant (Headwater Research LLC) to provide security for costs in favour of the defendants (Motorola Mobility entities and Flextronics), ruling that a defendant in an infringement action who is formally a claimant in a revocation counterclaim may also request security for the costs of the counterclaim. |
| 2025-07-03 | UPC_APP_47247/2024 | Munich LD | Generic application | Costs | Procedural only | The Local Division Munich ordered Headwater Research to provide security for costs covering both the infringement action and the revocation counterclaim proceedings, holding that a defendant compelled to file a revocation counterclaim to preserve its invalidity defence may also obtain security for those counterclaim costs under Art. 69(4) UPCA and R.158.1 RoP. |
| 2025-04-14 | UPC_APP_64695/2024 | Munich LD | Generic application | Procedural | Procedural only | The Munich Local Division issued a procedural order on an application under Rule 303(2) RoP for separation of proceedings in an infringement action against Motorola Mobility and others concerning EP 3 110 072. The court exercised its discretion on whether to separate the case relating to defendant Flextronics International Europe B.V. (defendant 5) from the remaining defendants, noting that procedural economy and absence of undue prejudice are the key criteria. |
| 2025-04-14 | UPC_APP_64692/2024 | Munich LD | Generic application | Procedural | Procedural only | Order by Munich Local Division (UPC_CFI_149/2024, 14 April 2025) considering Headwater Research LLC's application to sever the proceedings against defendant 5 (Flextronics International Europe B.V.) from the four Motorola/Digital River defendants, following a correction of the identity of defendant 5. The court exercised its discretion under R. 303.2 RoP taking into account procedural economy and the delay caused to the main proceedings. |
| 2025-03-18 | UPC_APP_47532/2024 | Munich LD | Preliminary objection | motionName.jurisdictional | Dismissed | The Munich Local Division (Panel 2) dismissed Roku's preliminary objection under R. 19.1(a) RoP, rejecting arguments based on alleged incompatibility of the UPCA with EU primary law and ECHR, and confirming jurisdiction based on plausible allegations of infringement in Germany. |