2026-09-28 - LD Munich - Swarco Futurit Verkehrssignalsysteme et al. v. Yunex - UPC_CFI_245/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: After the second interim conference, the judge-rapporteur of the Munich LD admitted the claimant's amended requests, which adapted the infringement action and the counterclaim to a central limitation granted by the EPO, as mere revisions and editorial corrections under R. 30.2 and R. 263.3 RoP. Leave to file a submission granted at an earlier interim conference covers only its stated subject matter; the defendant's submissions of 7 July and 28 August 2026 were rejected as late insofar as they went beyond the limitation and that subject matter, including a full analysis of the parallel Central Division revocation decision in the manner of a statement of grounds of appeal. The rapporteur refused the defendant leave to carry out substitute tests on the attacked products at this stage, because it had had sufficient time since service of the statement of claim and had chosen to test digital simulation objects instead, whose results cannot prove non-infringement without proof that they correspond to the attacked products. The order also confirmed a provisional confidentiality order as final with one sentence lifted, granted leave to file quantified requests on costs and security, held that the costs of the preceding saisie proceedings are decided in the main action, and allocated speaking time for the oral hearing.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_245/2025