UPC_CFI_362/2025 – Sun v Vivo
- Court
- Local Division Paris
- Date
- Outcome
- Denied
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Facts 1. The Statement of defence is due on 28 November 2025. 2. On 29 September 2025, Vivo filed a PO disputing the competence of the Court to handle an infringement claim in which Sun requested the establishment of a FRAND license rate. Vivo also requested, by way of preliminary order, an extension of time to file its defence. The Court The Court held that there was no reason to grant an extension. Vivo knew from the beginning what the SEP case was about. R. 19.6 RoP clearly states that filing a PO does not affect the time limit for filing the defence. There are no exceptional circumstances that would warrant a different decision. Comment The correct decision. Vivo is wasting the time of the Court.
Full Decision Text
Paris Local Division UPC_CFI_362/2025 Preliminary Order of the Court of First Instance of the Unified Patent Court delivered on 13/10/2025 concerning the runtime and Preliminary Objection APPLICANTS 1) Vivo Mobile Communication Iberia SL Calle Orense 58, Planta 12 C 28020 - Madrid – ES 2) Vivo Tech GmbH Speditionstrasse 21 40221 - Düsseldorf – DE 3) Vivo Mobile Communication Co., Ltd. No. 1, Vivo Road, Chang'an Town 523866 - Dongguan City, Guangdong - CN Represented by Dr Georg Andreas Rauh RESPONDENT 1) Sun Patent Trust Represented by 437 Madison Avenue, Caroline Levesque 35th Floor - 10022 - New York - US 1 PATENT AT ISSUE Patent no. Proprietor EP3407524 SUN PATENT TRUST DECIDING JUDGE Presiding judge & Camille Lignières Judge-rapporteur LANGUAGE OF PROCEEDINGS: English ORDER Summary of the facts and proceedings On 18 April 2025, SUN PATENT brought before the present Division an infringement action against VIVO. On 26 August 2025, the judge rapporteur granted an extension of time under R. 9.3 RoP, ordering that the Statement of Defence (SoD) be filed by 28 November 2025. On 29 September 2025, VIVO filed a Preliminary Objection (PO) arguing primarily that the UPC lacks jurisdiction, claiming that only a FRAND defence can be dealt with by the UPC, but that in this case, SUN PATENT requested a ruling on this issue as the main claim. In the Preliminary Objection, VIVO asks the judge-rapporteur to rule first, by preliminary decision, on an extension of the time limit for filing its SoD pending the PO's decision becoming final (including a possible appeal), or a time limit of two months from the date of the PO's decision, or from the date of the service of the CFI's decision. VIVO mainly contends that this is the first time that the UPC will have to rule on its jurisdiction, while the FRAND issue is the subject of a main application and not a defence. In an email dated 1 October 2025 addressed to the registry and copied to all parties, SUN PATENT objects to any extension by preliminary order, in particular by arguing that no exceptional circumstances justify such an extension of the deadlines in that, as VIVO said, this FRAND issue will in any event be dealt with as a defence in this case. Grounds Rule 19.6 RoP states that when a Preliminary Objection is filed, this should not affect the deadline for filing the Statement of Defence, unless the Judge rapporteur decides otherwise. 2 In the present litigation concerning a SEP patent, the defendants have been ready to address the FRAND issue since their representatives became aware of this case. As SUN PATENT rightly argued, VIVO would have raised a FRAND defence anyway. So, the judge rapporteur considers that there are no exceptional circumstances that could derogate from the principle of procedural efficiency, according to which the filing of a Preliminary Objection should not slow down the pace of the main proceedings. SUN PATENT's written comments in response to the Preliminary Objection are expected by 21 October 2025. The decision on the Preliminary Objection will be rendered in the week beginning 27 October, and the Statement of Defence is expected on 28 November 2025, as initially decided by procedural order of 26 August 2025. For these reasons, the judge rapporteur: - Denies the request to postpone the filing of the Statement of Defence under R. 19.6 RoP, -This order may be reviewed by the panel under R. 333 RoP. Issued in Paris, on 13 October 2025. C. LIGNIERES, the Judge-rapporteur Date : 2025.10.13 19:18:53 +02'00' ORDER DETAILS UPC number: UPC_CFI_362/2025 Action type: Infringement Action Preliminary Order issued on 13 October 2025 related to the Preliminary Objection 3
Key Holdings
- Vivo filed PO on FRAND competence and requested time extension for defence.
- Court refused extension; filing PO does not affect defence deadline (R. 19.6 RoP).
- No exceptional circumstances found.
Tags
- Added Matter
- FRAND
- Preliminary Injunction
- Standard Essential Patents