Lenovo (Singapore) Pte. Ltd. v. ASUSTek Computer Inc., ASUS Computer GmbH, ASUSTEK (UK) Limited

UPC-000982

Procedural order from the Local Chamber Munich concerning an infringement action by Lenovo (Singapore) Pte. Ltd. against three ASUSTek entities regarding European Patent No. 3 682 587. The defendants requested that the court decide on the infringement action and the counterclaim for revocation together, and the court granted this request, also requesting the assignment of a technically qualified judge to the panel.

Jurisdiction
European UPC
Court
Munich (DE) Local Division
Case Number
UPC-000982
Judge(s)
Diese Anordnung wurde durch den Vorsitzenden Richter Dr; statter sowie die rechtlich qualifizierten Richter Tobias Pichlmaier und Peter Agergaard erlassen; Agergaard Rechtlich qualifizierter Richter Pichlmaier Rechtlich qualifizierter Richter

Detailed Summary

This is a procedural order (Verfahrensanordnung) issued by Panel 1 of the Local Chamber Munich on January 27, 2025, in case UPC_CFI_302/2024. The claimant is Lenovo (Singapore) Pte. Ltd., represented by Freshfields Bruckhaus Deringer. The defendants are ASUSTek Computer Inc. (Taiwan), ASUS Computer GmbH (Germany), and ASUSTEK (UK) Limited (UK), represented by Wildanger Kehrwald Graf v. Schwerin & Partner. The patent in dispute is European Patent No. 3 682 587. The proceedings are conducted in German.

The core issue addressed by this order concerns the management of the proceedings. The defendants expressed their preference that the Local Chamber decide on the infringement action (Verletzungsklage) and the counterclaim for revocation (Nichtigkeitswiderklage) together. The claimant was given the opportunity to comment on this matter but did not provide any response. Since no reasons for deviating from this approach were presented or otherwise apparent, the Panel decided to rule on the infringement action and the counterclaim for revocation jointly.

The order was issued by Presiding Judge Dr. Matthias Zigann (as Rapporteur) and the legally qualified judges Tobias Pichlmaier and Peter Agergaard. The final order contains two points: (1) the Local Chamber will decide on the infringement action and the counterclaim for revocation together, and (2) the President of the Court of First Instance was requested to assign a technically qualified judge to the panel.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Munich (DE) Local Division. Understanding the court's reasoning in Lenovo (Singapore) Pte. Ltd. vs ASUSTek Computer Inc., ASUS Computer GmbH, ASUSTEK (UK) Limited is valuable context for structuring arguments or assessing risk in similar proceedings.

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