Home » UPC decisions » Luxembourg Court of Appeal » CoA, April 9, 2024, Order concerning clarification of the date of service, UPC_CoA_86/2024

CoA, April 9, 2024, Order concerning clarification of the date of service, UPC_CoA_86/2024

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Key takeaways

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


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