2025-02-05 - LD Munich - Ericsson v. Motorola - UPC_CFI_740/2024
- Aktenzeichen:
- UPC_CFI_740/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Application Order
- Parteien:
- Ericsson v. Motorola
Kernaussage: 1.
2025-02-05 - LD Munich - Ericsson
v.
Motorola - UPC_CFI_740/2024
1. A Preliminary objection can also be raised with regard to a counterclaim for revocation.
2. Art. 33 (2) UPCA must be interpreted in such a way that this provision is not only applicable if an action between the same parties on the same patent is brought before several different divisions, but equally if an action between the same parties on the same patent is brought twice before the same division (argumentum a fortiori).
3. In the event of a decision of the judge-rapporteur allowing the Preliminary objection concerning a counterclaim for revocation there is no legal basis for a separate decision on the costs relating to this objection.
The Munich Local Division issued this order dismissing a counterclaim for revocation due to a preliminary objection based on a lack of jurisdiction because there was already an identical counterclaim pending between the parties. The Court stated that a preliminary objection was admissible also for counterclaims and Art. 33.2 UPCA applied also where an action (or counterclaim) was pending before the same division.
The judge-rapporteur granted leave to appeal the decision.
The order was published twice for no apparent reason.
Stichwörter
counterclaim for revocation, preliminary objection