2026-10-16 - CoA - Barco v. Yealink Network Technology - UPC-COA-0000145/2026
- Aktenzeichen:
- UPC-COA-0000145/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Final Order
- Parteien:
- Barco N.V. v. Yealink (Xiamen) Network Technology Co. Ltd., Yealink (Europe) Network Technology B.V.
Kernaussage: The Court of Appeal dismissed a patentee's appeal against a Brussels LD order refusing leave to file a subsequent auxiliary request in a revocation counterclaim.
2026-10-16 - CoA - Barco
v.
Yealink Network Technology - UPC-COA-0000145/2026
notable
The Court of Appeal dismissed a patentee's appeal against a Brussels LD order refusing leave to file a subsequent auxiliary request in a revocation counterclaim. Applying the same diligence and no-unreasonable-hindrance test to R. 30.2 and R. 263 RoP, and reviewing the first instance's discretion only for whether it could reasonably have decided as it did, the Court held that an amendment whose claim 1 equals a dependent claim neither invoked in the infringement action nor attacked in the counterclaim does not defend against revocation and cannot be used to extend the infringement case to those claims. It further upheld the findings that the patentee had not explained why the subject matter was not pleaded earlier, had not acted diligently in coordinating its EPO opposition and UPC positions, delayed seven weeks after the EPO hearing, and would unreasonably hinder the defendants shortly before the oral hearing.