2026-05-26 - LD Lisbon - Transsion v. Ericsson - UPC-CFI-0000850/2026
- Aktenzeichen:
- UPC-CFI-0000850/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Lisbon (PT) Local Division
- Art:
- Order
- Parteien:
- - Shenzhen Transsion Holdings Co. Ltd. v. - Telefonaktiebolaget LM Ericsson - Ericsson Holding International B.V. - Ericsson Telecommunicatie B.V. - Ericsson Telecommunicações Lda
Kernaussage: The Lisbon Local Division dismissed Ericsson's application to strike out Transsion's injunctive-relief requests in a 5G SEP infringement action under Rules 360 and 361 RoP.
2026-05-26 - LD Lisbon - Transsion
v.
Ericsson - UPC-CFI-0000850/2026
notable
The Lisbon Local Division dismissed Ericsson's application to strike out Transsion's injunctive-relief requests in a 5G SEP infringement action under Rules 360 and 361 RoP. On R. 360 RoP, the court held that an action becomes 'devoid of purpose' only through an event arising after it was filed; Ericsson's reliance on an earlier-filed FRAND cross-licence action at The Hague — which might in future cover the patent in suit — was either a pre-existing or a not-yet-occurred event, and the claimant retained a legal interest (an advantage if successful), so the action was not devoid of purpose. On R. 361 RoP, the court reaffirmed that strike-out for being 'manifestly bound to fail' is reserved for clear-cut cases decided on preliminary review without in-depth analysis; because the cross-licence/FRAND argument required a full assessment of facts, law and evidence in both proceedings, the manifest-inadmissibility threshold was not met. A patentee remains entitled to seek an injunction, with any FRAND limitation assessed on the evidence in the action rather than prima facie. Leave to appeal was granted.