Key takeaways
Requirements for alternative methods of service
If digital tracking provided by the post office shows that delivery of the Statement of claim (SoC) initiated by the Court could not be carried out, alternative methods of service are possible, R. 275.1 RoP. In the present case, Claimant subsequently suggested three methods of service that appeared to be good service and comply with the law country where service is to be effected (R. 275.4 RoP), which the Court then approved.
Date on which the SoC is deemed to have been served is the date of effective delivery of the letter to this defendant at his legal address.
Dismissal of request under R. 275.1 RoP in respect of all UK entities
If Service under R. 274.1 (a) (ii) RoP is still in progress, a request for alternative methods of service must be rejected. A delay of 10 days from the date of sending the registered letter is still reasonable and not sufficient for alternative service under R. 275.1 RoP.
Division
LD Paris
UPC number
UPC_CFI_495/2023
Type of proceedings
Infringement Action
Parties
Applicant: ICPillar LLC
Relevant other parties: Arm Poland Sp. z.o.o, ARM Limited, Simulity Labs Limited, Hyperglance limited, SVF Holdco, Apical Limited
Patent(s)
EP 3 000 239
Jurisdictions
Place jurisdictions
Body of legislation / Rules
Rule 275.1 RoP
