UPC_CFI_2660/2026 – Micron v Ultron

Expert Commentary

Service Facts 1. The parties agreed that the Statement of Claim with respect to defendant 2 would be served on their representative and that in pending proceedings in Mannheim defendant 2 would get an extension for filing its defence in order to synchronize the date with the filing of defence by the other defendant. 2. The Local Division Mannheim agreed on 29 October 2026. The Judge-Rapporteur (“JR”) The JR agrees with the request and orders the registry to serve the documents on the representative. Comment Is it necessary to serve the Statement of Claim if the defendant agrees to appear in Court on a certain date to file its defence and, if applicable, its counterclaim for revocation?

Full Decision Text

Düsseldorf - Local Division UPC_CFI_2660/2026 Procedural order of the Court of First Instance of the Unified Patent Court, Düsseldorf Local Division, issued on 30 October 2026 CLAIMANT Micron Technology, Inc. 8000 South Federal Way, Boise, Idaho 83716, USA, Represented by: Dr. Tobias Wuttke (Bardehle Pagenberg) DEFENDANTS 1. Ultron AG, Robert-Koch-Str. 7-17, 52499 Baesweiler, Germany, represented by Dr. Frank Neuss 2. Lexar Europe B.V., Grevelingstraat 40, 2161WG, Lisse, the Netherlands, represented by Dr. Thure Schubert 3. Apacer Technology B.V., Science Park Eindhoven 5051, 5692 EB Son en Breugel, The Netherlands, represented by Kwan Chong Daniel Chew Patent at issue European patent EP3574526 Composition of the full panel: Presiding judge Ronny Thomas Judge rapporteur Peter Juul Agergaard Legally qualified judge Dr. Jule Schumacher This order is issued by the judge rapporteur Peter Juul Agergaard. LANGUAGE OF PROCEEDINGS English Subject matter of the proceedings: Patent infringement action – Service of Documents BRIEF SUMMARY OF FACTS By brief of 27 October 2026, Claimant informed the Court that they have reached an agreement, according to which Defendant 2 (Lexar Europe B.V) accepts service of the complaint in the present proceedings on their representatives as follows: - With respect to Defendant 2 (Lexar Europe B.V), the complaint (and accompanying documents) shall be served on attorney-at law Dr. Schubert of Vossius & Brinkhof UPC litigator(schubert.vossius.eu). In return, Claimant agrees to an extension in the proceedings UPC_CFI_2556/2026 pending before the Local Division Mannheim for Lexar Europe B.V. to file their Statement of Defence to the date on which the time limits for filing the Statement of Defence in proceedings UPC_CFI_2555/2026 expire following service on Lexar Co., Limited. The Local Division Mannheim issued an order on 29 October 2026 in UPC_CFI_2556/2026 where the agreement between the Claimant and Defendant 2 was accepted and implemented. The time period for Defendant 2, for filing a Statement of Defence was extended until 8 February 2027. Request The Claimant requests that the Court effects service of the Statement of Claim and accompanying documents on the above named representative for Lexar Europe B.V., Dr. Schubert of Vossius & Brinkhof UPC litigator(schubert.vossius.eu) without delay. Grounds According to the agreement between the parties´ and as the agreement was accepted and implemented by the Local Division Mannheim by order of 29 October 2026 the request from the Claimant is granted. Order The request from the Claimant is granted. The Court effects service of the Statement of Claim and accompanying documents on the representative for Lexar Europe B.V., Dr. Schubert of Vossius & Brinkhof UPC litigator (schubert.vossius.eu.) Issued on 30 October 2026 Judge-rapporteur Peter Juul Agergaard

Key Holdings

• The Judge-Rapporteur agreed with the parties' joint request for service of the Statement of Claim directly on defendant 2's representative.
• The registry was ordered to serve the documents on the representative pursuant to the parties' agreement.
• Service arrangements and response deadlines may be synchronized between co-defendants across related proceedings with the agreement of the parties and approval of the court.

Tags

• Service

Related Cases

• UPC_CFI_2660/2026 – Micron v Ultron