1. Key takeaways
Effective service to a recipient in Switzerland is governed by R. 274 RoP, which does not provide for a fiction of service
Switzerland is not a Member State within the meaning of the RoP, so that R. 271 RoP and the fiction of service (10 days) provided for in paragraph 6 do not apply. Rather, R. 274 RoP is decisive for service to a recipient in Switzerland.
According to R. 274.3 RoP, the registry informs the plaintiff of the date of service, which leads to the conclusion that it is the actual date of service that matters.
2. Division
Local Division Hamburg
3. UPC number
ORD_65439/2024, ACT_59941/2024
4. Type of proceedings
Infringement proceedings
5. Parties
Plaintiff: Hand Held Products, Inc
Defendant: Scandit AG
6. Patent(s)
EP 3 764 271
7. Body of legislation / Rules
R. 274 RoP, R. 271 RoP
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