Key takeaways
If infringement proceedings are ready for decision with regard to single national parts, decision should not be withheld if this would delay enforcement
This decision has gained relevance in light of the recent decisions on the long-arm jurisdiction (cf. CJEU, BSH v Electrolux (C-339/22); UPC LD Dusseldorf, Fujifilm v Kodak (UPC_CFI_355/2023) according to which the UPC has jurisdiction over acts of infringement committed in non-EU member states of the EPC like the UK. According to the LD Mannheim, the infringement proceedings can be separated in national parts of a traditional European patent (bundle patent) that are ready for decision and those that are not. A decision should not be withheld, if this would result in delaying the enforcement of patent rights. In such situation, R. 302.1, R. 303.2, R. 340.2 RoP may be applied in order to separate the proceedings regarding national parts which are not ready for decision.
Division
LD Mannheim
UPC number
UPC_CFI_159/2024 ACT_17336/2024; UPC_CFI_162/2024 ACT_17365/2024
Type of proceedings
Main infringement action, separation of proceedings
Parties
Claimant: Hurom Co. Ltd.
Defendant(s): NUC Electronics Europe GmbH, WARMCOOK (UPC_CFI_159/2024) / NUC Electronics Co., Ltd. (UPC_CFI_162/2024)
Patent(s)
EP 2 028 981
Body of legislation / Rules
R. 302.1, R. 303.2, R. 340.2 RoP
