2026-09-16 - LD Munich - Avago Technologies v. Hyundai - UPC-CFI-0000052/2026
- Aktenzeichen:
- UPC-CFI-0000052/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- Avago Technologies International Sales Pte. Limited v. Hyundai Motor Deutschland GmbH, HYUNDAI MOTOR COMPANY, Hyundai Motor Europe GmbH, Hyundai Motor Manufacturing Czech s.r.o., Hyundai Motor Europe Technical Center GmbH, Hyundai Motor France S.A.S., Hyundai Motor Netherlands B.V.
Kernaussage: The Munich Local Division stayed both the infringement action and the revocation counterclaim after the European Patent Office revoked the patent at first instance and the proprietor appealed.
2026-09-16 - LD Munich - Avago Technologies
v.
Hyundai - UPC-CFI-0000052/2026
notable
The Munich Local Division stayed both the infringement action and the revocation counterclaim after the European Patent Office revoked the patent at first instance and the proprietor appealed. R. 298.2 RoP refers by analogy to Art. 33(10) UPCA and R. 295(a) RoP, and the Court must additionally satisfy itself that a rapid decision is expected; acceleration at the Office alone never justifies a stay. A decision expected in summer 2027 counts as rapid against a hearing set for April 2027, and revocation at first instance distinguishes this case from the Court of Appeal decisions on stays sought while opposition proceedings were still running at first instance, since no suspension spanning more than one instance is in prospect. Exercising its discretion, the Court weighed the one-year target for the first-instance hearing and the right to a hearing within a reasonable time against the conflict of deciding infringement on a patent already revoked, the claimant's own choice to sue during pending opposition proceedings, and the absence of any alleged obvious defect in the Office's decision. Procedural time limits do not run while the stay lasts.