2026-06-30 - CoA - Xiaomi v. Nera Innovations - UPC_CoA_854/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Court of Appeal (Panel 3, Voß presiding, van den Broek rapporteur), ruling ahead of the oral hearing in cross-appeals from the Hamburg Local Division in a Nera v. Xiaomi infringement/revocation dispute, granted the patentee's applications to exclude material Xiaomi filed for the first time on appeal. Under Art. 73(4) UPCA and R. 222.2 RoP, new facts and evidence may be admitted on appeal only where the party reasonably could not have submitted them at first instance; Xiaomi's private expert opinion and the textbook extract, supporting a claim-construction position Xiaomi had already advanced at first instance, could and should have been filed there, consistent with the front-loaded character of UPC proceedings. The Court added that claim interpretation is a question of law for the Court, not a matter for an expert, which is a further reason to disregard the opinion. It likewise disregarded Xiaomi's new inventive-step attack based on D1, D2 and D4 (as to certain auxiliary requests), which rested on a different claim construction and different facts and was therefore a genuinely new line of argument that could have been raised at first instance, rather than a mere re-labelling of the same facts. The novelty attack based on D3 was unaffected.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CoA_854/2025