Key takeaways
Pursuant to R. 303.2 RoP, the court may order that proceedings initiated in relation to several defendants be heard in separate proceedings if such separation is appropriate and necessary.
If, in proceedings with several defendants, representatives have only been appointed for some of the defendants and the remaining defendants have yet to be served and it is to be expected that the service process will take some time (because service has to be effected in accordance with the Hague Service Convention to China and Hong Kong), it may be appropriate and necessary to separate the proceedings in order to continue the proceedings against the remaining defendants as quickly as possible.
The Court did not yet determine whether service can be deemed effective on the entities in China and Hong Kong in accordance with R. 275.2 RoP if service is not effected within a reasonable time.
Division
LD Mannheim
UPC number
UPC_CFI_ 218/2023 ORD_25617/2024; UPC_CFI_ 219/2023 ORD_25614/2024; UPC_CFI_ 223/2023 ORD_25608/2024
Type of proceedings
R. 303(2) RoP, Order on separation of proceedings
R. 275(2) RoP, Service deemed to have been effected
Parties
Claimant: Panasonic Holdings Corporation
Defendants:
- Xiaomi Inc.
- Beijing Xiaomi Mobile Software Co. Ltd
- Xiaomi Technology Germany GmbH
- Xiaomi Technology France S.A.S
- Xiaomi Technology Italy S.R.L
- Xiaomi Technology Netherlands B.V.
- Xiaomi H.K. Limited
- Xiaomi Communications Co., Ltd.
- Odiporo GmbH
- Shamrock Mobile GmbH
Patent(s)
EP 3 096 315; EP 2 568 724; EP 2 207 270
Jurisdictions
UPC
Body of legislation / Rules
R. 303(2) RoP, R. 275(2) RoP