rapporteur allowing the Preliminary objection concerning
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Telefonaktienbolaget LM Ericsson v.Motorola Mobility LLC
This UPC decision addressed a preliminary objection raised by the defendant against a second counterclaim for revocation. The Court held that Art. 33 (2) UPCA requires an expansive interpretation of lis pendens, applying not only across different divisions but also within the same division. As the patent's validity was already subject to prior proceedings in the same court, the second counterclaim was rejected as inadmissible.
Telefonaktienbolaget LM Ericsson v.Motorola Mobility LLC
In a significant ruling, the UPC Local Division Munich addressed jurisdictional issues concerning multiple actions on the same patent. The court held that if an action for revocation is already pending between the same parties in the same division, a subsequent counterclaim for revocation must be rejected as inadmissible (lis pendens). This decision clarifies the scope of Article 33(2) UPCA, preventing duplicative litigation and ensuring procedural efficiency within the UPC framework.
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