2025-04-04 - LD Mannheim - Fingon v. Samsung - UPC_CFI_750/2024
- Aktenzeichen:
- UPC_CFI_750/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Order
- Parteien:
- Samsung v. Fingon
Kernaussage: 1.
2025-04-04 - LD Mannheim - Fingon
v.
Samsung - UPC_CFI_750/2024
1. Questions of fact and law that are relevant both for the jurisdiction of the UPCA in demarcation to the national courts of the UPCA member states and for the merits of the case are in principal not to be decided in the preliminary objection procedure, but must be reserved for the main proceedings.
2. Accordingly, the alleged lack of claimant’s material ownership of the patent-in-suit, which, if true, would both render the infringement action meritless and invalidate a withdrawal of an opt-out, is not a proper subject-matter for a preliminary objection.
In this rather long order on a preliminary objection, the Mannheim Local Division rejected the preliminary objection that was based on multiple different grounds. The Court stated that the alleged invalidity of the withdrawal of an opt-out was not an admissible ground for a preliminary objection and would have to be decided in the main proceedings. The other grounds for the preliminary objection (temporal scope of jurisdiction and competence) were deemed unfounded.
The Court also decided not to grant any of the Defendants' other applications, such as presenting the matter to the ECJ, staying the proceedings or granting leave to appeal.
Stichwörter
Art. 83 UPCA, alleged invalidity of the withdrawal of an opt-out due to lack of ownership of the patent-in-suit, R. 19 RoP