The claimant filed an infringement action against two co-defendants before the Milan Local Division. One defendant (based in China) had already been served and was facing an imminent deadline to file its statement of defence. The other defendant (based in Hong Kong) had not yet been served – with no certainty as to when service would be completed. The Chinese defendant applied for a deadline alignment so both co-defendants would face the same deadline. The claimant opposed, arguing that the Hong Kong defendant’s representatives – already acting in parallel provisional measures proceedings before the same court – had refused to voluntarily accept service. Amicable resolution failed. The Court granted the alignment, but made it conditional on the Hong Kong defendant’s immediate acceptance of service.
Key takeaways
The Court cannot force a representative to accept service
Under R. 271.1 (c) RoP, service on a representative is only effective if that representative has actively notified the Registry or claimant to accept service. The fact that the same representatives were already acting for the same party in parallel UPC proceedings is irrelevant – this does not create an obligation to accept service.
Deadlines may be aligned subject to acceptance of service
The action was already duly effected on Defendant 1), while service on Defendant 2) had not yet been completed. In this situation, the Court aligned the deadlines for both defendants, extending Defendant 1)’s deadline for filing the statement of defence by approximately 50 days, while at the same time reducing Defendant 2)’s, provided that Defendant 2) immediately accepts service.
Division
Milan Local Division
UPC number
UPC_CFI_1902/2025
Type of proceedings
Infringement action – procedural order on alignment of deadlines (R. 9 RoP)
Parties
Claimant: Cardo Systems, Ltd. (Ra’anana, Israel)
Defendant 1: Shenzhen Ziwu Chuangxin Technology Co., Ltd. (Shenzhen, China)
Defendant 2: Resosport Limited (Hong Kong, China)
Patent(s)
Not specified in the order
Body of legislation / Rules
R. 9.3 RoP
R. 23 RoP
R. 271.1 (c) RoP
R. 334 (a) RoP
Art. 19 Regulation (EU) 2020/1784
