Key takeaways
All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.
If defendants are domiciled outside the territory of the contracting member states of the UPCA and have no statutory seat, central administration or principal place of business nor their own permanent or temporary place of business within the contracting member states of the UPCA, service must be effected in accordance with Rules 273 and 274 RoP.
An attempt of service and actual transmission in accordance with Rule 274.1 (a) (ii) and (iii) RoP and the provisions of the Hague Service Convention, respectively in accordance with the national rules regarding service through diplomatic or consular channels, is an indispensable prerequisite for a decision on the merits of the case if defendants based in China and Taiwan are involved.
Division
Local Division Hamburg
UPC number
UPC_CFI_169/2024
Type of proceedings
Infringement Action, Procedural Order regarding service of the statement of claim
Parties
Daedalus Prime LLC ./. Xiaomi Communications Co., Ltd.; Xiaomi Inc.; Xiaomi Technology Netherlands B.V.; Xiaomi Technology Germany GmbH; MediaTek Inc. (Headquarters)
Patent(s)
EP2792100
Body of legislation / Rules
Rules 271.5 (a), 273, 274.1 (a) (ii) and (iii) RoP
