Executive Summary
In this procedural order, the UPC Local Division in Mannheim addressed a complex jurisdictional issue arising from pending ECJ case law regarding international jurisdiction. Due to the uncertainty surrounding the application of Brussels Ia Regulation rules, the Panel opted not to delay decisions on national parts of the patent that were ready for adjudication. Consequently, the proceedings concerning specific non-UPC member states (Poland, Spain, Turkey, and UK) were separated into a distinct proceeding.
What the Court Held — Ratio Decidendi
The Panel decided to separate the proceedings for specific national parts of the European bundle patent because a fundamental question of European Law (concerning international jurisdiction under Brussels Ia Regulation) was pending resolution by the ECJ. This separation prevents undue delay in enforcing rights related to those ready-to-decide national parts.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Mannheim (DE) Local Division. Understanding the court's reasoning in Hurom Co., Ltd. vs NUC Electronics Europe GmbH and WARMCOOK is valuable context for structuring arguments or assessing risk in similar proceedings.
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