Diese Anordnung wurde vom zweiten Spruchk
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Panasonic Holdings Corporation v.Xiaomi Technology France S.A.S., Xiaomi Technology Netherlands B.V., Shamrock Mobile GmbH, Xiaomi Technology Italy S.R.L., Xiaomi Technology Germany GmbH, Odiporo GmbH
This UPC Board of Appeal decision addresses a critical procedural issue regarding service of process on non-EU defendants, specifically those based in China and Hong Kong. Panasonic challenged the court's requirement for prior Hague Convention service attempts before allowing service via an EU group company (Xiaomi DE). The Board upheld the lower court's stance, emphasizing that corporate structure alone does not satisfy the requirements for valid cross-border service to non-EU jurisdictions. This ruling reinforces strict procedural adherence in UPC cases involving international defendants, particularly when attempting to leverage intra-group relationships for jurisdictional purposes.
Apple Retail Deutschland B.V. & Co. KG et al. v.Ona Patents SL
This UPC Board of Appeal decision addressed a procedural motion filed by Apple seeking to accelerate the appeal process and reduce the deadline for Ona's reply. The court ultimately denied the request, holding that while acceleration was possible, Apple failed to demonstrate sufficient grounds to override Ona's right to a fair trial. This case underscores the judiciary's careful balancing act between party efficiency demands and fundamental procedural fairness within the UPC framework.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.