Key takeaways
No preliminary decisions on admissibility of requests for amendment of claims (Rule 263 RoP, Rule 30 RoP)
It is generally not procedurally efficient to decide on the substantive admissibility of requests to amend claims (Rule 30 RoP) and corresponding amendments of the claim or the case (Rule 263 RoP) in a preliminary decision pursuant to Rule 334(h) RoP.
Substantive Decisions Reserved for Main Proceedings
Substantive decisions of significant impact should be reserved for the main proceedings, including the oral hearing and final decision by the panel and are generally not to be decided by a preliminary decision pursuant to Rule 334(h) RoP. Thorough examination of issues is best conducted during main proceedings.
Principle of Procedural Economy (Rule 334(h) RoP)
While the Court has the power to address issues early on, it retains discretion in managing proceedings to ensure efficiency for everyone involved, including the Court. The Judge-Rapporteur must ensure efficient proceedings without unnecessary delays.
Division
Local Division Hamburg
UPC number
UPC_CFI_173/2024 and 424/2024
ORD_63489/2024 in ACT_19746/2024
Type of proceedings
Infringement Proceedings
Parties
Claimant: Nera Innovations Ltd.
Defendants: Xiaomi Communications Co., Ltd.; Xiaomi Inc.; Xiaomi Technology Netherlands B.V.; Xiaomi Technology Germany GmbH
Patent(s)
EP 2 642 632
Body of legislation / Rules
Rule 334(h) RoP
Rule 263 RoP
Rule 30 RoP
Rule 30.1(b) RoP
