UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2024-05-13UPC_APP_26281/2024Munich LDGeneric applicationProceduralProcedural onlyOrder by Munich Local Division (UPC_CFI_127/2024, 15 May 2024) on Motorola Mobility Germany GmbH and Digital River Ireland Ltd.'s application to extend the preliminary-objection deadline (R. 19.1, R. 9.3(a) RoP) to align with the deadline for US-served co-defendants, citing procedural economy in a patent infringement action by Headwater Research LLC for EP 3 110 072.
2024-05-09UPC_APP_26104/2024Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order (judge-rapporteur Zigann) in infringement proceedings by NEC Corporation against TCL/TCT Mobile entities concerning EP 3 057 321. The order addresses a request by defendants to compel the claimant to supply the HEVC standard version referenced in the statement of claim. The order likely resolves this document disclosure issue procedurally. No substantive ruling on infringement or validity.
2024-05-08UPC_APP_22295/2024Munich LDGeneric applicationEvidenceProcedural onlyThe Munich Local Division issued an order requiring Huawei to disclose a recently concluded licence agreement with Amazon under confidentiality restrictions (Rule 262A RoP) for use in the FRAND/SEP infringement proceedings.
2024-05-08UPC_APP_12111/2024Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyOrder on preliminary objections (Rule 19 RoP) and requests pursuant to Rule 361 RoP filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC in an infringement action concerning EP 1 552 399 B1. The Court addressed issues of admissibility of the infringement action, withdrawal of opt-out validity under Rule 5 RoP, and standing to sue. No final substantive ruling on infringement or patent validity.
2024-05-08UPC_APP_12109/2024Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyOrder by Munich Local Division (UPC_CFI_514/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities. The court upheld the validity of the opt-out withdrawal, NST's standing to sue including for pre-assignment infringement, and rejected challenges to the admissibility of the infringement action concerning EP 1 875 683 B1.
2024-05-08UPC_APP_12101/2024Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyMunich Local Division order (full panel) on preliminary objections and R. 361 RoP requests by Volkswagen AG, Audi AG, Texas Instruments Inc., and TI Deutschland GmbH in infringement proceedings by Network System Technologies LLC concerning EP 1 875 683. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections were partially dismissed with the remaining jurisdictional issue on patent assignment and pre-assignment infringement deferred to main proceedings. Leave to appeal granted. Costs deferred.
2024-04-24UPC_APP_9728/2024Munich LDProcedural OrderProceduralProcedural onlyProcedural order of the Munich Local Division in infringement proceedings concerning a Wi-Fi 6 standard-essential patent. The order granted the defendants' R. 190 RoP request for production of a Qualcomm patent licence agreement (claimed relevant to an exhaustion defence), subject to confidentiality protection measures (R. 262A RoP). The court ordered the agreement to be produced in full and unredacted, designated a named person (Anna Lam) to receive the confidential document on the defendants' behalf, and ordered associated protective measures.
2024-04-23UPC_APP_11732/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that the patent troll claimant Network System Technologies LLC provide security for legal costs, finding the conditions under Art. 69(4) UPCA and R. 158 RoP were not met.
2024-04-23UPC_APP_11434/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that claimant Network System Technologies LLC provide security for legal costs of €600,000 per defendant under Art. 69(4) UPCA; costs of the applications to be addressed in the main proceedings.
2024-04-23UPC_APP_11444/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division ruled on security for costs applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated and Texas Instruments Deutschland GmbH against Network System Technologies LLC under Art. 69.4 UPCA.
2024-04-23UPC_APP_11835/2024Munich LDGeneric applicationProceduralDismissedThe Munich Local Division dismissed applications by Volkswagen, Audi, and Texas Instruments for security for legal costs against Network System Technologies LLC (NST), finding that the defendants failed to sufficiently substantiate that NST's financial position posed a legitimate and real risk that a cost order would not be recoverable.
2024-04-23UPC_APP_11454/2024Munich LDGeneric applicationCostsProcedural onlyOrder of the Munich Local Division on three applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in an infringement action concerning EP 1 552 399 B1. The Court denied the security applications, balancing the risk of non-enforcement against the right of NST to an effective remedy.
2024-04-23UPC_APP_11833/2024Munich LDGeneric applicationCostsProcedural onlyOrder of the Munich Local Division on applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in a separate infringement action concerning EP 1 875 683 B1. As with the parallel case (UPC_APP_11454/2024), the Court denied the security applications, applying the same balancing analysis.
2024-04-23UPC_APP_11431/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division on applications by Volkswagen, Audi and Texas Instruments for security for costs against Network System Technologies LLC (a US NPE claimant), in infringement proceedings concerning an integrated circuit patent. The applicants requested EUR 200,000 security per defendant. The Court considered the right to an effective remedy as a relevant factor, noting security for costs can restrict access to justice under Art. 47 of the EU Charter of Fundamental Rights.
2024-04-08UPC_APP_16619/2024Munich LDGeneric applicationProceduralProcedural onlyOrder from the Munich Local Division (UPC_CFI_501/2023) rejecting Meril's request for a three-week extension to file its Statement of Defence following a language change from German to English. The Court held that a language change agreed to shortly before the deadline does not constitute exceptional circumstances justifying an extension, consistent with the UPC's principle that extensions should be granted only in exceptional cases.
2024-03-05UPC_APP_7662/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division denied Edwards Lifesciences Corporation's request to convert a scheduled video-conference intermediate hearing to an in-person hearing, and also denied the court-ordered simultaneous interpretation from German into English, ruling that the claimant had voluntarily chosen German as the language of proceedings and could arrange interpretation at its own expense under R. 109.2 RoP.
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