2026-05-19 - LD Munich - Advanced Standard Communication et al. v. Xiaomi et al. - UPC_CFI_617/2024
- Aktenzeichen:
- UPC_CFI_617/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- Advanced Standard Communication LLC v. XIAOMI Inc. a.o.
Kernaussage: The Munich Local Division (Panel 2) ordered, after hearing the parties, that two related infringement actions concerning the same SEP (EP 3 016 464 B1) — one based on 4G, one on 5G — be heard jointly together with their respective counterclaims for revocation.
2026-05-19 - LD Munich - Advanced Standard Communication et al.
v.
Xiaomi et al. - UPC_CFI_617/2024
routine
The Munich Local Division (Panel 2) ordered, after hearing the parties, that two related infringement actions concerning the same SEP (EP 3 016 464 B1) — one based on 4G, one on 5G — be heard jointly together with their respective counterclaims for revocation. The Panel exercised its discretion under Art. 33(3)(a) UPCA and Rule 37.2 RoP to hear infringement and revocation together for reasons of efficiency and uniform claim construction, and joined the two infringement proceedings under Rule 302.3 RoP because the risk of inconsistent decisions (Rule 340.1 RoP) on overlapping claim-construction, infringement and validity issues outweighed the one-year guideline. The Court noted that the Defendants' procedural rights were preserved because they had filed separate counterclaims in both proceedings without restriction on their pleadings.