2024-05-08 - LD Munich - Network System Technologies v. Texas Instruments - UPC_CFI_514/2023
- Aktenzeichen:
- UPC_CFI_514/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Application Order
- Parteien:
- Network System Technologies LLC v. Texas Instruments Incorporated, Texas Instruments Deutschland GmbH
Kernaussage: preliminary objection rule 19 RoP, request rule 361 RoP, withdrawal of opt out
2024-05-08 - LD Munich - Network System Technologies
v.
Texas Instruments - UPC_CFI_514/2023
preliminary objection rule 19 RoP, request rule 361 RoP, withdrawal of opt out
rule 5 RoP, infringement read
notable
Munich Local Division clears several threshold objections in a multi-defendant SEP-style infringement action. First, the Court holds that a withdrawal of opt-out lodged by a representative already registered on the Art. 48 UPCA list is valid without the representative having to attach a separate mandate, because Rule 5.3(b)(i) RoP distinguishes Art. 48 representatives from 'any other person' lodging on behalf of the proprietor. Second, standing is established through the Patent Purchase Agreement and Patent Assignments transferring all rights, including claims for past infringement. Third, at the pleading stage a detailed 'infringement read' on one exemplary embodiment suffices to support claims against a wider list of accused devices. The Court defers the more complex jurisdictional questions (Art. 71b Brussels I Recast, UK damages, parallel US proceedings against TI) to the main proceeding under Rule 20.2 RoP, citing case-management efficiency (Art. 41.3 UPCA). The parallel R. 361 applications for dismissal as manifestly unfounded are rejected, with leave to appeal granted.
Stichwörter
preliminary objection rule 19 RoP, withdrawal of opt out rule 5 RoP, request rule 361 RoP, infringement read