UPC CFI 156/2024 – SWARCO FUTURIT Traffic signal systems Ges.m.b.H. v Yunex GmbH
- Court
- Local Division Munich
- Date
- Outcome
- Access to the file granted to Chainzone Technology (Foshan) Co, Ltd.
- Sector
- Mechanics
- Decision Type
- Arrangement
Expert Commentary
Full Decision Text
Local Chamber Munich UPC CFI 156/2024 Arrangement of the Court of First Instance of the Unified Patent Court in the proceedings for the preservation of evidence relating to European patent 2 643 717 issued on: February 19, 2025 SLAUGHTER 1) SWARCO FUTURIT Traffic signal systems Ges.m.b.H. (Applicant) - Manfred Swarovski- Represented by: Alexander Koller Street 1 - 7343 - Neutal - AT COMPLAINTS (Rule 192) 1) Yunex GmbH (Defendant) - Otto-Hahn-Ring Represented by: 6 - 81739 - Hosea Haag Munich - DE APPLICANT (Rule 262.1b) 1) Chainzone Technology (Foshan) Co, Ltd. (Applicant) - Chainzone Tech. Industrial Park, Taishan Bei Rd, Sanshan Avenue, Nanhai District - 528200 - Foshan City, Guangdong Province - CN Represented by: Bernhard Henhapel UPC CFI 156/20242 PATENT AT ISSUE Patent no. Holder EP2643717 SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. DECISIVE JUDGE COMPOSITION OF THE PANEL (1) - COMPLETE COMPOSITION Presiding judge and Rapporteur Matthias Zigann Legally qualified judge Tobias Pichlmaier Legally qualified judge Mojca Mlakar This order was issued by the presiding judge Dr. Matthias Zigann as rapporteur. LANGUAGE OF PROCEDURE: German OBJECT: Request for access to file - Rule 262.1.b VerfO App 25380/2024 UPC CFI 156/2024 FACTS AND APPLICATIONS Chainzone requested: On August 2, 2024, a public oral hearing was held in this matter via video conference. With regard to the request for access to the file pursuant to Rule 262.1.b VerfO, SWARCO informed the court Chainzone had meanwhile been admitted as an intervening party in the proceedings before the Local Chamber of Vienna. Consequently, there are no longer any reservations per se about granting access to the files to the extent requested in the present case. By order of the same day, the judge-rapporteur postponed a decision on the request until a decision had been made in the proceedings to secure evidence. He justified this with the interest in being able to conduct proceedings, in particular proceedings to preserve evidence, without disruption. UPC CFI 156/20243 On February 19, 2025, the Local Chamber issued an order pursuant to Rule 360 of the Rules of Procedure with regard to the proceedings to preserve evidence. The application must therefore now be returned to. REASONS Access to the files must be granted. No reasons for not granting access have been presented or are otherwise apparent. ARRANGEMENT 1. Chainzone is granted access as requested. 2. SWARCO may designate any personal data to be redacted to the register within 10 days. 3. The inspection of files only includes a redacted version in accordance with section 2. INSTRUCTIONS TO THE REGISTER If requested in due time, redact the subject of the file inspection in accordance with the General Data Protection Regulation and make it accessible to Bernhard Henhapel. ARRANGEMENT DETAILS Order no. ORD 8499/2025 in PROCEDURE NUMBER: App 25380/2024 UPC number: UPC CFI 156/2024 No. of the related proceedings Application no.: 16855/2024 Type of application: Request for preservation of evidence pursuant to Rule 192 of the Regulation Digitally signed by Matthias ZIGANN Date: 2025.02.19 16:12:19 +01'00' Dr. Zigann Presiding judge and rapporteur Matthias ZIGANN
Key Holdings
- Chainzone Technology (Foshan) Co, Ltd. is granted access to the file as requested.
- No reasons for not granting access were presented or otherwise apparent.
- SWARCO FUTURIT may designate any personal data to be redacted to the register within 10 days.
- The inspection of files will only include a redacted version in accordance with designated personal data.
- The decision on the request for access was previously postponed until a decision had been made in the proceedings to secure evidence.
Tags
- Access to File
- European Patent
- Preservation of Evidence
- Redaction