Executive Summary
In this preliminary objection case, Audi AG sought to dismiss an infringement action against Network System Technologies LLC based on jurisdictional issues and the lack of evidence. The Court partially rejected these objections, allowing the core infringement claims to proceed. Crucially, the court emphasized efficiency, deciding that complex matters like UK damages and patent validity must be addressed within the main proceedings rather than being dismissed upfront.
What the Court Held — Ratio Decidendi
The Court rejected arguments that the case should be dismissed as inadmissible or manifestly unfounded. Instead, it ruled that certain complex issues, such as damages related to the UK and patent validity, must be dealt with in the main proceeding for reasons of case management efficiency (Art. 41.3 UPCA).
Practitioner Note
This decision partially_granted relief to the petitioner. If you are facing a similar patent dispute before Munich (DE) Local Division, this precedent supports interim or final relief where the facts are comparable. The ratio regarding the applied tests is particularly relevant for strategy.
Related Cases
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In this procedural order, the UPC Local Division Munich addressed a request by NVIDIA Corporation for security for costs against BFexaQC AG and ParTec AG. Despite evidence presented regarding Claimant 2's severe liquidity issues, the Court ruled that security was necessary. The judge rapporteur set the required amount at EUR 80,500.00, emphasizing proportionality while safeguarding the Defendants' potential legal expenses.
air up group GmbHvsGuangzhou Aiyun Yanwu Technology Co., Ltd.
In this UPC case concerning an application for preliminary measures, the Court addressed a critical procedural hurdle: service of documents on a defendant domiciled in China. Despite extensive efforts—including formal and informal attempts under the Hague Service Convention—the court found that traditional service methods had failed to yield a certificate of delivery. The judge ruled that these unsuccessful steps constituted 'good service' under Rule 275.2 RoP, effectively allowing the proceedings to move forward despite the lack of confirmed receipt by the defendant.
MSG Maschinenbau GmbHvsEJP Maschinen GmbH
This UPC costs decision addressed the allocation of legal fees arising from a complex infringement and revocation action involving EP 3 225 320. The court scrutinized the reasonableness and necessity of the defendant's extensive cost claims, including those related to 'strategic considerations.' Ultimately, the court partially granted the claim for costs, ordering the claimant to pay €33,224.50 to the respondent. A key procedural point was the rejection of interest on awarded costs.
TIRUvsMAGUIN SAS
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Amycel LLCvsDefendant (unnamed)
This procedural order addresses the critical issue of service of process in a UPC infringement action. The court ruled that despite initial difficulties and subsequent refusal by the Defendant to accept documents, Amycel's alternative methods of delivery qualified as 'good service.' This ruling establishes a clear precedent for how parties can successfully effect service when standard procedures fail, provided efficiency and fairness are maintained.
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Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.