UPC_CFI_119/2025; 401/2025 – Jinko v Longi
- Court
- Local Division Munich
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Scheduling The JR 1. States that proceedings against the fourth defendant will be dealt with later. 2. Sets the dates for the interim conference and oral hearing. 3. Although no formal decision is made yet, parties are told that they can assume that there will be no bifurcation. Comment It remains unclear what happened with the fourth defendant, a German company. It looks like the company is a reseller of the infringing products of the Longi companies and has decided not to appear in Court and not to incur any costs. This might be a good strategy if the Longi companies win the case: there will be no default judgment under those circumstances. However, it is much safer to make sure that the manufacturer defends your interests at their cost, assuming they hire a competent representative.
Full Decision Text
Procedural Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 29 July 2025 CLAIMANTS 1) Shanghai Jinko Green Energy Enterprise Management Co., Ltd. 5/F, No. 277 Huqingping Road, Minhang District - 201105 - Shanghai – CN 2) Zhejiang Jinko Solar Co., Ltd. No. 58, Yuan Xi Road Yuan Hua Town - 314416 - Haining, Zhejiang - CN represented by: Marco Scheffler (Gulde & Partner) DEFENDANTS 1) LONGi Solar Technologie GmbH Bockenheimer Landstr. 51-53 - 60325 - Frankfurt am Main – DE represented by: Benjamin Schröer (Hogan Lovells) 2) LONGi Green Energy Technology Co. Ltd. No.388 Hangtian Middle Road, Chang'an District, Xi'an City, Shaanxi Province 710100, PR China represented by: Benjamin Schröer (Hogan Lovells) 3) LONGI SOLAR FRANCE SARL. 3 RUE SAINT-GEORGES - 75009 - PARIS – FR represented by: Benjamin Schröer (Hogan Lovells) Local Division Munich UPC_CFI_119/2025 UPC_CFI_401/2025 UPC_CFI_119/2025 UPC_CFI_401/2025 2 4) Soltech Energy GbR Kolberger Straße 4 - 13357 - Berlin – DE represented by: ./. 5) Longi (Netherlands) Trading B.V. Boompjes Xb - 3011 40 - Rotterdam – NL represented by: Benjamin Schröer (Hogan Lovells) 6) Energy3000 solar GmbH Industriestraße V/1 - 7052 - Müllendorf - AT represented by: Benjamin Schröer (Hogan Lovells) PATENT AT ISSUE European patent n° 4 372 829 PANEL/DIVISION Panel 1 of the Local Division Munich DECIDING JUDGE/S This order has been issued by the Presiding Judge Dr. Matthias Zigann acting as judge-rapporteur. LANGUAGE OF THE PROCEEDINGS English SUBJECT-MATTER OF THE PROCEEDINGS scheduling GROUNDS Proceedings against the fourth defendant will be dealt with at a later stage, probably as soon as the new CMS is operational. A decision on how to proceed with the counterclaim will be made separately. For the time being, the parties can assume that the Local Division Munich will deal with both infringement and validity. ORDER 1) The date for the interim conference via videoconference is set for 13 February 2026 at 10:00 a.m. 2) The date for the oral hearing in person in Munich, Denisstr. 3, room 212, is set for 12 May 2026 at 09:00 a.m. UPC_CFI_119/2025 UPC_CFI_401/2025 3 3) The parties are summoned to these dates. 4) Parties are invited to suggest topics for the interim conference by 26 January 2026. 5) The written procedure will be closed on 26 January 2026. INFORMATION ABOUT REVIEW BY PANEL Any party may request that this Order be referred to the panel for a review pursuant to R. 333 RoP. Pending review, the Order shall be effective (R. 102.2 RoP) INFORMATION ABOUT ORAL HEARING HELD IN COURT The oral hearing shall be open to the public unless the Court decides to make it, to the extent necessary, confidential in the interests of one or both parties or third parties or in the general interest of justice or public order (R. 115 RoP). INFORMATION ABOUT AUDIO RECORDING The interim conference and the oral hearing shall be audio recorded. The recording shall be made available at the premises of the Court to the parties or their representatives after the oral hearing (R. 115 RoP). INFORMATION ABOUT ABSENCE OR DELAY OF A REPRESENTATIVE A decision by default may be given, upon request, against a party that was duly summoned but fails to appear at the oral hearing (R. 355.1 (b) RoP. INFORMATION ABOUT DECISION BY DEFAULT Should a party fail to comply with the present Order within the time period specified, a decision by default may be given in accordance with R. 355 RoP (R. 103.1, last subparagraph and .2 RoP). Dr. Zigann Presiding Judge UPC_CFI_119/2025 UPC_CFI_401/2025 4 DETAILS OF THE ORDER Order no. ORD_33431/2025 in ACTION NUMBER: ACT_7567/2025 UPC number: UPC_CFI_119/2025 Action type: Infringement Action
Key Holdings
- Scheduling order set; bifurcation unlikely.
- Proceedings against 4th defendant separated/deferred.
Tags
- Bifurcation
- Case Management
- Default Judgment
- Scheduling