1. Key takeaways
Mandatory fee payment under R. 333.3 is a condition precedent for lodging an application for panel review under R. 333.2 RoP (mn. 22)
An application under R. 333 RoP is an autonomous preliminary remedy against case management orders. Under R. 333.3 RoP in conjunction with R. 15.2 RoP, an application is legally deemed not to have taken place until the fee is paid. Simply uploading a brief within the 15-day period under R. 333.2 RoP without fee payment does not satisfy the deadline.
It would therefore have been necessary to file an application for re-establishment of rights pursuant to Rule 320 RoP.
Representative fault precludes procedural relief under R. 320 and R. 9.3(a) RoP (mn. 23, 24)
The fee was paid late because the UPC representative had failed to ensure in time that a proof of transfer could be uploaded together with the filing.
Rules of Procedure explicitly attach serious legal consequences to the failure to pay a fee in time, this legislative policy decision must in principle be respected and enforced.
Cited case law not applicable: This represents a different starting point from that underlying the (i) decision of the CoA where the signed “correct” submission had inadvertently been replaced by an “incorrect” submission relating to different proceedings when uploading and (ii) the decision of the LD Düsseldorf where the counterclaim for revocation was uploaded under the old CMS not in the workflow designated for that purpose, but in a different workflow.
2. Division
Local Division Munich
3. UPC number
UPC_CFI_245/2025
UPC_CFI_618/2025
4. Type of proceedings
Review of case management orders
5. Parties
Claimant: SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H., Shenzhen Dianming Technology Co., Ltd
Defendant: Yunex GmbH
Intervener: Shenzhen Dianming Technology Co., Ltd
6. Patent
EP 2 643 717
7. Body of legislation / Rules
R. 15.2, 333 RoP
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