2026-10-08 - LD Munich - Ax Wireless v. Xiaomi - UPC_CFI_746/2025
- Aktenzeichen:
- UPC_CFI_746/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- AX Wireless, LLC v. Xiaomi Inc., Xiaomi Corporation, Xiaomi Technology Germany GmbH, Xiaomi Technology Netherlands B.V.
Kernaussage: Applying R.
2026-10-08 - LD Munich - Ax Wireless
v.
Xiaomi - UPC_CFI_746/2025
notable
Applying R. 32.3 RoP, the Munich LD judge-rapporteur held that a rejoinder in the amendment track is a response limited to the matters raised in the reply, and may contain new arguments only where they respond to, or are closely related to, that reply. Passages directed mainly at the granted claims were nevertheless admitted because the patentee's auxiliary requests rested on a construction of the contested terms that those passages challenged, so they went to whether the amendments had a basis in the original disclosure. A section that answered the patentee's revocation-track rejoinder on expert evidence was inadmissible without leave, and new attacks on the auxiliary requests under Art. 123(3) EPC and for insufficiency, never raised in the defence to the application to amend, were disregarded as late under the front-loaded system. A refined added-matter objection was admitted as a development of an existing attack, and a dependency error in an auxiliary request was treated as an obvious, correctable clerical error rather than a new clarity attack.