Heraeus Electronics GmbH & Co. KG & Heraeus Precious Metals GmbH & Co. KG v.Vibrantz GmbH
Munich (DE) Local Division · UPC-001241
This procedural order concerns a dispute over the proper defendant for a counterclaim for revocation of European Patent No. 3 215 288 before the Local Chamber Munich. Vibrantz GmbH filed its revocation counterclaim against Heraeus Precious Metals GmbH & Co. KG (Plaintiff 2), the registered patent proprietor, rather than against Heraeus Electronics GmbH & Co. KG (Plaintiff 1), the undisputed substantive proprietor. The court rejected Heraeus Precious Metals' applications to dismiss the counterclaim as manifestly inadmissible, holding that under Rules 25.1, 42, and 8.6 RoP, a revocation counterclaim may validly be directed against the registered proprietor.