Home » UPC decisions » Local Division » Paris Local Division » LD Paris, February 12, 2024, procedural order re. alternative method of service, UPC_CFI_495/2023

LD Paris, February 12, 2024, procedural order re. alternative method of service, UPC_CFI_495/2023

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Key takeaways

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.

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


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  • Anita Peter

    Attorney-at-Law (Rechtsanwältin), LL.M., Senior Associate

  • Jan Bösing

    Attorney-at-Law (Rechtsanwalt), UPC Representative, Partner

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