Home » UPC decisions » Local Division » Munich Local Division » LD Munich, October 12, 2026, review of case management orders, UPC_CFI_245/2025, UPC_CFI_618/2025

LD Munich, October 12, 2026, review of case management orders, UPC_CFI_245/2025, UPC_CFI_618/2025

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Key takeaways

Mandatory fee payment under R. 333.3 is a condition precedent for lodging an application for panel review under R. 333.2 RoP (mn. 22)

An application under R. 333 RoP is an autonomous preliminary remedy against case management orders. Under R. 333.3 RoP in conjunction with R. 15.2 RoP, an application is legally deemed not to have taken place until the fee is paid. Simply uploading a brief within the 15-day period under R. 333.2 RoP without fee payment does not satisfy the deadline.

It would therefore have been necessary to file an application for re-establishment of rights pursuant to Rule 320 RoP. 

Representative fault precludes procedural relief under R. 320 and R. 9.3(a) RoP (mn. 23, 24)

The fee was paid late because the UPC representative had failed to ensure in time that a proof of transfer could be uploaded together with the filing.

Rules of Procedure explicitly attach serious legal consequences to the failure to pay a fee in time, this legislative policy decision must in principle be respected and enforced.

Cited case law not applicable: This represents a different starting point from that underlying the (i) decision of the CoA where the signed “correct” submission had inadvertently been replaced by an “incorrect” submission relating to different proceedings when uploading and (ii) the decision of the LD Düsseldorf where the counterclaim for revocation was uploaded under the old CMS not in the workflow designated for that purpose, but in a different workflow.

Division

Local Division Munich

UPC number

UPC_CFI_245/2025

UPC_CFI_618/2025

Type of proceedings

Review of case management orders

Parties

Claimant: SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H., Shenzhen Dianming Technology Co., Ltd

Defendant: Yunex GmbH

Intervener: Shenzhen Dianming Technology Co., Ltd

Patent

EP 2 643 717

Body of legislation / Rules

R. 15.2, 333 RoP


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  • Sabrina Smyczek, Patent attorney, European Patent Attorney, Senior Associate

    German and European Patent Attorney, UPC Representative, Senior Associate

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