UPC_CFI_119/2025; UPC_CFI_401/2025 – Shanghai v Longi

Court
Local Division Munich
Date
Outcome
Granted
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Stay Facts All parties except for defendant 4 asked for a stay because of settlement discussions, and want an order that, upon resumption of the proceedings, the claimant is given the full two months for its Reply and Defence to the Counterclaim for revocation. They also requested that the dates for the interim and oral hearings be cancelled. Regarding the defendant 4, they asked for a stay for reasons relating to the proper administration of justice. The JR Grants the request. Comment The very busy Munich Local Division is understandably happy to agree. In general, the Court will grant such request, but I add a small warning. The Court is not obliged to agree, and it may not do so, for instance, a few days before the oral hearing which at that time they have prepared. In such case, parties have to settle before the hearing or have the hearing taken place (which of course does not prevent them from settling after the hearing). It would be understandable that a Court does not want to run the risk that they have to prepare a second time for a hearing.

Full Decision Text

Procedural Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 2 September 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 stay REQUESTS BY THE PARTIES Claimants request: We request the Court to stay the infringement procedure (ACT_7567/2025) according to Rules 295 (d) and 295 (m) of the Rules of Procedure (RoP) of the Unified Patent Court. We further request the Court to stay the revocation procedure (CC_21209/2025) according to Rule 295 (d) RoP. We further request that, upon possible resumption of the proceedings, the Claimant’s full two-month deadline for the Reply in the infringement procedure and for the Defense to the Counterclaim for Revocation runs afresh and that the dates of February 13, 2026 (interim conference) and May 12, 2026 (oral hearing) be cancelled. UPC_CFI_119/2025 UPC_CFI_401/2025 3 Attached we submit a declaration of the consent of the defendants 1. LONGi Solar Technologie GmbH 2. LONGi Green Energy Technology Co. Ltd. 3. LONGI SOLAR FRANCE SARL. 5. Longi (Netherlands) Trading B.V. 6. Energy3000 solar GmbH The applications are based on the grounds that the parties are currently negotiating a comprehensive settlement agreement on the matters in dispute. Regarding the defendant 4. Soltech energy GbR the proper administration of justice requires the stay of the infringement procedure because it is not clear yet whether the customers of the defendants – including Soltech energy GbR – will be part of the settlement agreement. We remain at the Court’s disposal for any further coordination or clarification that may be required. Defendants 1)-3) and 5)-6) request: on behalf of the Defendants, we consent to a stay of the infringement procedure (ACT_7567/2025) pursuant to R. 295 lit. (d) RoP regarding the Defendants and R. 295 lit. (m) RoP regarding the Defedant 4) (not represented by the undersigned), as well as to a stay of the counterclaim for revocation (CC_21209/2025) pursuant to R. 295 lit. (d) RoP. We further consent that, upon resumption of the proceedings, the Claimant’s full two-month deadline for the Reply in the infringement procedure and for the Defense to the Counterclaim for Revocation runs afresh. The Defendants wave their right to be heard, in as much as the court intends to order a stay as consented to herewith. GROUNDS Following requests from both parties, the infringement proceedings and the counterclaim for revocation shall be stayed. Following the claimants' request, the infringement proceedings against the fourth defendant shall be stayed pursuant to Rule 295(m) of the Rules of Procedure, as it is unclear whether the defendants' customers – including Soltech Energy GbR – will be included in the settlement agreement. The claimants shall notify the court of the outcome of the settlement talks within six months at the latest. ORDER 1) The proceedings relating to the infringement action and the counterclaim for revocation are stayed. 2) The dates for the interim conference and the oral hearing are cancelled. 3) If the proceedings resume, the claimant has a fresh two-month deadline for the reply in the infringement procedure and the defence to the counterclaim for revocation. UPC_CFI_119/2025 UPC_CFI_401/2025 4 4) The claimants shall notify the court of the outcome of the settlement talks within six months at the latest. 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) Dr. Zigann Presiding Judge UPC_CFI_119/2025 UPC_CFI_401/2025 5 DETAILS OF THE ORDER Order no. ORD_35979/2025 in ACTION NUMBER: ACT_7567/2025 UPC number: UPC_CFI_119/2025 Action type: Infringement Action Related proceeding no. Application No.: 35439/2025 Application Type: Generic procedural Application

Key Holdings

  • Proceedings stayed for settlement discussions upon joint request.
  • Stay also granted against remaining defendant for proper administration of justice.
  • Hearing dates cancelled.

Tags

  • Case Management
  • Settlement
  • Stay of Proceedings

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