2026-04-20 - LD Mannheim - Nokia v. Lotus Cars et al. - UPC-CFI-0001291/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Mannheim Local Division granted ex parte an Anti-Anti-Suit Injunction (AASI) protecting Nokia's pending UPC infringement actions against Geely (SEPs for 2G–5G and WLAN) from being neutralised by an application Geely filed before the Hangzhou Intermediate People's Court on 8 April 2026 seeking a global 'Interim Licence' via a Chinese 'preservation order'. Applying and extending the Mannheim Interdigital/Amazon framework (UPC_CFI_936/2025), the Division held that patents inherently include their procedural enforceability in the UPC forum and that any foreign measure — whatever its label — whose practical effect would be to deprive the patentee of that access constitutes a threatened infringement within Art. 32(1)(a), (c) UPCA and Art. 47 EU-Charter / Art. 6 ECHR. The Division expressly distinguished Interdigital in that the present AASI does not target the Chinese main-action FRAND rate-setting proceedings, only the Interim Licence branch, which it found abusive and incompatible with EU competition law, the EU acquis, comity and TRIPS (referring to WTO DS611). Penalties of up to EUR 50 million plus EUR 500,000 per day were imposed; enforceable without prior security, conditional on a EUR 600,000 security within 20 days; the EU Commission is to be notified.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001291/2026