Leap Tools Inc. v. Wizart Inc. a. o.

This Procedural Order, issued on 15 October 2025 by Judge-Rapporteur Dr Schumacher of the Düsseldorf Local Division (case UPC_CFI_541/2025), concerns European Patent No. 3 859 566 and addresses an application by the Claimant, Leap Tools Inc. (a Canadian company represented by CEO Pawel Rajszel), for alternative service on Defendant 2, Wizart LLC, under Rule 275 of the Rules of Procedure (RoP).

The Claimant had filed an infringement action against both Wizart Inc. and Wizart LLC on 13 June 2025, naming '919 North Market St, Suite 950, Wilmington, 19801-3036, DE, USA' as the address for both Defendants. Service at this address failed for both Defendants, with an on-site employee indicating that both companies had moved to Newark.

The Claimant successfully located a registered agent for Defendant 1 (Wizart Inc.) in Newark—Incorp Services, Inc., 131 Continental Drive, Suite 301, Newark, Delaware—and served the Statement of claim there on 21 July 2025. However, service on Defendant 2 (Wizart LLC) at the same registered agent's address failed because the person on site refused, stating that Incorp Services was not the registered agent for Wizart LLC.

On 8 September 2025, the Claimant filed a brief requesting alternative service on Defendant 2 by serving the CEO, Vasili Yavarchuk, at his business address in Poland. Following a request from the judge-rapporteur on 11 September 2025 for more detailed information about the Claimant's efforts to determine Defendant 2's new address, the Claimant submitted a further brief on 25 September 2025 detailing its research, including searches in the Delaware corporate registry and unsuccessful follow-ups on references to addresses in Belarus and Poland.

The court found that the requirements of Rule 275.1 RoP were met, holding that there was good reason to authorize alternative service. The court noted that two service attempts had failed: (1) a first attempt under Rule 274.1(a)(ii) RoP via the Hague Convention at the original Wilmington address, which was justified as the original business address based on publicly available information and the Wizart website's Privacy Policy; and (2) a second attempt at the registered agent's address in Newark, which was unsuccessful. The court accepted that the Claimant could not reasonably be expected to make further attempts to ascertain a new address for Defendant 2.

The court also found, pursuant to Rule 275.4 RoP, that alternative service was not contrary to Polish law, as service on a managing director is permitted under Polish law.

Accordingly, the court ordered that the Statement of claim dated 13 June 2025 be served on Defendant 2 (Wizart LLC) by serving it on its CEO, Vasili Yavarchuk, at his business address: Exposit Consulting Sp. z.o.o., Jana Heweliusza 11/819, Gdańsk, Poland, 80-890.