Key takeaways
In appeal proceedings the rules concerning service (R. 270-279 RoP) apply mutatis mutandis
In appeal proceedings, Chapter 2 – Service (Rules 270 – 279 RoP) applies mutatis mutandis. Consequently, if R. 271.1 RoP applied during the proceedings at the Court of First Instance (in short: an electronic address for service was provided by the defendant or his representative) and/or a representative of the respondent accepted service on behalf of the respondent, then pursuant to R.271.2 RoP further service – not only in the proceedings at first instance, but also in appeal proceedings – shall be effected within the closed electronic system of the UPC Case Management System (CMS).
Division
Court of Appeals
UPC number
UPC_CoA_86/2024, UPC_CFI_223/2023
Type of proceedings
Appeal proceedings
Parties
Panasonic Holdings Corporation
vs.
Xiaomi Technology Germany GmbH
Xiaomi Technology France S.A.S.
Xiaomi Technology Italy S.R.L
Xiaomi Technology Netherlands B.V.
Odiporo GmbH
Shamrock Mobile GmbH
Patent(s)
EP 3 611 989
Jurisdictions
Place jurisdictions
Body of legislation / Rules
Rules 270 – 279 RoP, Rule 271.1 RoP