rapporteur allowing the Preliminary objection concerning
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Telefonaktiebolaget LM Ericsson and Ericsson GmbH v.Motorola Mobility LLC
This case concerns a preliminary objection filed by Motorola Mobility LLC against a second counterclaim for revocation of EP 3 780 758 brought by Ericsson in proceedings before the Local Division Munich. The court allowed the preliminary objection, holding that a preliminary objection can be raised against a counterclaim for revocation, and that Article 33(2) UPCA applies to prevent the same parties from bringing the same validity dispute twice before the same division (lis pendens). The second counterclaim for revocation was rejected as inadmissible.
Telefonaktiebolaget LM Ericsson and Ericsson GmbH v.Motorola Mobility LLC
The Local Division Munich allowed a preliminary objection filed by Motorola Mobility LLC against a second counterclaim for revocation of EP 3 780 758 brought by Ericsson. The court held that a preliminary objection under Rule 19 RoP can be raised against a counterclaim for revocation, and that Article 33(2) UPCA applies a fortiori when the same parties bring the same action twice before the same division, resulting in the second counterclaim being rejected as inadmissible due to lis pendens.
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