2026-10-08 - LD Munich - Ax Wireless v. Xiaomi - UPC_CFI_676/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich LD judge-rapporteur ruled on cross-objections to new matter in the rejoinders of the revocation track (R. 29(e) RoP) and the amendment track (R. 32.3 RoP). Both rules limit a rejoinder to the matters raised in the preceding reply: following CD Paris case law on R. 52 RoP and the Court of Appeal's front-loading approach in VMR Products v NJOY, a rejoinder may elaborate, supplement or respond with new arguments, facts and documents that support positions already taken or are closely related to the reply, but may not change the subject of the debate, introduce new independent objections or new grounds against the granted patent. Passages of the defendants' amendment-track rejoinder that answered the claimant's revocation-track rejoinder rather than the reply on the amendment were disregarded, whereas passages explaining why existing attacks still applied to the auxiliary request, which left the contested feature unchanged, were admitted. Two scientific articles the claimant had cited in its Defence to the Counterclaim but filed only with its rejoinder were excluded under R. 9.2 RoP for lack of an explanation, while the technical arguments filed with them were admitted because they stood independently of the exhibits and belonged to the central validity debate.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_676/2025