Topics: service
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LD Munich, December 09, 2024, order re. service, UPC_CFI_508/2023 ACT_597609/2023
Failure of service under R. 274.1 RoP.: Where an application is made under Art. 62 UPCA, it is necessary to serve the application to the defendant to give him the possibility to lodge an objection to the application for provisional measures within a time limit to be specified. Failure of service is given if neither…
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CoA Luxembourg, July 29, 2024, Order concerning service of a Statement of claim, UPC_CoA_69/2024 & UPC_CoA_70/2024
Service in China or Hong Kong: A defendant company in China or Hong Kong cannot be served a Statement of claim by email to a person who is not authorised to accept service. Neither can such service be made by public service in the form of a written notice to be displayed in the publicly…
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LD Mannheim, July 31, 2024, Order concerning service, UPC_CFI_330/2024
Specification of address not required to be in line with political views of respective State [concerns: Hong Kong]: A further attempt to serve the Statement of Claim by alternative means or at another place pursuant to Rule 275.1 RoP shall not be required as soon as all possibilities of service under Rules 270-274 RoP have…
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LD Munich, August 6, 2024, order on service, UPC_CFI_498/2023
Preliminary objection is deemed to be proof of service to Chinese defendant: If a Chinese defendant files a preliminary objection, there is no need to wait for further proof of service from the Chinese authorities on the Chinese defendant. Division Local Division Munich, Panel 2 UPC number UPC_CFI_498/2023 Type of proceedings Infringement proceedings Parties NEC…
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CoA Luxembourg, August 8, 2024, service of written pleadings/other documents, UPC_CoA_405/2024
Written pleadings are served by the Registry in the electronic CMS of the Court unless service cannot be effected by means of electronic communication (R. 278.1 and 278.2 RoP): Prior communication between the parties themselves of the written pleadings via another electronic system like the German special electronic lawyer’s mailbox (besonderes elektronisches Anwaltspostfach, (beA)) cannot…
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CoA Luxembourg, August 6, 2024, order on service, UPC_CoA_205/2024
A defendant company in China cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and 274 RoP.…
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CoA Luxembourg, August 5, 2024, order on service of a Statement of Claim on defendants in China and Taiwan, UPC_CoA_183/2024
A defendant company in China or Taiwan cannot be served a complaint via a company within the same group in a Contracting Member State: Such a group company cannot automatically be seen as a statutory seat, central administration or principal place of business of a defendant company in China or Hongkong, nor a place where…
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CoA Luxembourg, August 5, 2024, order on service in China and Hongkong, UPC_CoA_86/2024
A defendant company in China or Hongkong cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State: Service within the Contracting Member States is governed by R. 270 through 272 RoP. Service outside the Contracting Member States is instead governed by R. 273 and…
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CoA, April 9, 2024, Order concerning clarification of the date of service, UPC_CoA_86/2024
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…
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LD Mannheim, May 06, 2024, Order on separation of proceedings, UPC_CFI_ 218/2023, UPC_CFI_219/2023 und UPC_CFI_223/2023
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…
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LD Hamburg, April 18, 2024, Procedural Order, UPC_CFI_169/2024
All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.: If defendants are domiciled outside the territory of the contracting member states of the UPCA and have no statutory seat, central administration or principal place of business nor their own permanent or temporary place of business within…
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CD Paris, 22 January 2024, order, UPC_CFI_308/2023
Background of the case: The applicant filed a revocation action against the patent at issue. On 27 November 2023, the respondent submitted a defence to revocation which was considered by as incomplete the Registry. Consequently, on 11 December 2023, the respondent requested to correct the detected deficiencies, by logding a corrected statement of defence which…
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CoA, 13 October 2023, order of the court of appeal, UPC_CoA_320/2023
Effective service of the statement of claim does not require that exhibits are included: Only those exhibits that are essential for understanding the subject matter and the cause of action must be served on the defendant together with the statement of claim (and translated if necessary). Rule 270 RoP provides that the Regulation (EU) 2020/1784…
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LD Munich, 27 September 2023, procedural order, UPC_CFI_5/2023
Requirements of service by an alternative method: Alternative service (R. 275.2 RoP) is also possible if an attempt of service pursuant R. 270 to 274 RoP has not yet been completed. “Attention” can be assumed under R. 275.2 RoP if either a legal relationship exists in which knowledge is attributed or if specific circumstances exist…
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LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023
Proceedings against various defendants can be separated, if service on one defendant takes longer than service on the other defendants.: One of four defendants refused electronic service, while the other three defendants accepted electronic service. The Reporting Judge indicated that the consequence of later service on the last defendant could significantly delay the proceedings and…
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