Home » UPC decisions » Local Division » Hamburg Local Division » LD Hamburg, April 18, 2024, Procedural Order, UPC_CFI_169/2024

LD Hamburg, April 18, 2024, Procedural Order, UPC_CFI_169/2024

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Key takeaways

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


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  • Emely Rath

    Attorney-at-Law (Rechtsanwältin), UPC Representative

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