1. Key takeaways
Discretion to separate proceedings, Rule 303(2) RoP
The UPC has the discretion to separate proceedings involving multiple defendants. When deciding whether to separate, the court will consider procedural efficiency and whether any party would be unfairly disadvantaged. In this case, the court identified arguments both for and against seperation. While the proceedings against some defendants were more advanced than against others, the court ultimately decided against separation.
Factors influencing the separation of proceedings
The court considers factors such as whether the claims involve the same attacked embodiment and whether the defendants are alleged to have collaborated in the infringement.
Here, the claims against all defendants concerned the same allegedly attacked embodiment, and the claimant argued that the defendants collaborated in distributing the allegedly attacked products. This interconnectedness led the court to conclude that a joint trial would be more efficient. Joint hearings ensure consistent decisions and avoid the risk of contradictory rulings.
Plaintiff's responsibility for procedural errors
While acknowledging that delays in litigation can be disadvantageous, the court emphasized that parties must bear the consequences of their own procedural errors.
The court found that the delay in the proceedings was caused by the claimant's initial error of suing a non-existent entity. Therefore, the claimant had to accept the consequences of this error, and the delay did not constitute an unfair disadvantage.
2. Division
Local Division Munich
3. UPC number
UPC_CFI_127/2024
4. Type of proceedings
Infringement Action
5. Parties
Claimant:
Headwater Research LLC
Defendants:
Motorola Mobility LLC
Motorola International Sales LLC
Motorola Mobility Germany GmbH
Digital River Ireland, Ltd.
Flextronics International Europe B.V.
6. Patent(s)
EP 3 110 072
7. Jurisdictions
UPC
8. Body of legislation / Rules
Rule 303(2) RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
