2026-06-26 - LD Munich - ASUS v. Realme et al. - UPC-CFI-0002022/2025
- Aktenzeichen:
- UPC-CFI-0002022/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- ASUS Technology Licensing Inc. v. Guangdong OPPO Mobile Telecommunications Corp. Ltd a.o.
Kernaussage: The Munich Local Division (judge-rapporteur Rinkinen) decided an R.
2026-06-26 - LD Munich - ASUS
v.
Realme et al. - UPC-CFI-0002022/2025
routine
The Munich Local Division (judge-rapporteur Rinkinen) decided an R. 9 RoP application concerning the timeliness of a Reply to a Counterclaim for Revocation. OPPO had filed a unified submission covering both the infringement action (UPC_CFI_525/2025) and the parallel revocation counterclaim (UPC_CFI_2022/2025) into only the infringement workflow of the CMS, omitting to duplicate it in the revocation workflow until ten days later. The Court held the time limit was duly complied with: where a submission's content was available to the Court and the opposing party in due time, technical misfiling into the wrong CMS workflow does not render it late, as the IT system's features must not be used to deny access to justice and no other party's rights were violated. The duplicate filing was treated as a mere technical correction.