Key takeaways
The publication of an order on the Court’s website, of which the Defendant had been notified via email, constitutes good service if there are no other effective means of informing the Defendant of the preliminary injunction and the ordering of further provisional measures.
In both cases, UPC_CFI_449/2025 and UPC_CFI_515/2025, the Court had previously ordered in accordance with R. 275.2 RoP that the steps already taken to bring the application for provisional measures to the attention of the Defendant – here: fulfilling all requirements for service under the Hague Convention and asking the Defendant to voluntarily accept service – be regarded as good service (cf. our blog post re. the LD’s decision of October 16, 2025, in UPC_CFI_449/2025). The Court subsequently issued the requested orders for provisional measures. Since R. 276 RoP regarding the service of (such) Court orders refers to the service of a Statement of Claim, it is not surprising, that the Court now found that “any attempt to formally serve this order in China would not be compatible with the requirement for effective legal protection, given the time involved and the uncertain prospects of success based on previous experience”.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_449/2025 and UPC_CFI_515/2025
Type of proceedings
Procedural Orders of good service
Parties
APPLICANT: Hewlett-Packard Development Company, L.P. (Spring, Texas 77389, USA)
DEFENDANTS: Andreas Rentmeister e.K. (Freiburg, Germany) and Zhuhai ouguan Electronic Technology Co. (Guangdong, China)
Patent(s)
EP 2 826 630 B1 and EP 3 530 469 B1 (UPC_CFI_449/2025)
EP 3 835 965 B1 (UPC_CFI_515/2025)
Body of legislation / Rules
Rule 275.2 RoP

