UPC_CFI_801/2024_May15_V2 – Belparts v IMI
- Court
- Local Division Munich
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Setting of dates Order The Court sets dates taking into consideration an oral hearing of 27 November 2025 of the Board of Appeal and the date of the oral hearing in the pending revocation case in the Central Division of Paris no earlier than February 2026. Both parties do not want bifurcation. Date for interim conference: 24 March 2026. Date for oral hearing: 18 June 2026. Comment 1. If a revocation procedure is pending before the Central Division between the same parties (it is not clear from the order if that is the case) and an infringement case is started with a counterclaim for revocation, the Local Division can refer the counterclaim to the Central Division (R. 33.5 RoP jo. R. 33.3(b) RoP) or proceed with the counterclaim itself or suspend. 2. In this case, both parties want the Local Division to continue. 3. The very busy Munich Division with this time schedule creates the possibility for itself that the case goes away. The Board of Appeal may revoke the patent (and if it maintains the patent in an amended form, then it is clear in the proceedings what the claims of the patent are). The next possibility is a decision of the Central Division in Paris. If they revoke the patent (and appeal would be lodged), the Division in all likelihood will suspend the case. 4. For plaintiff to prevail (assuming there is infringement), it will have to survive three invalidity challenges!
Full Decision Text
Procedural Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 15 May 2025 CLAIMANT Belparts Group N.V. Wingepark 4 - 3110 - Rotselar - BE represented by: Dr. Tobias Wuttke (BARDEHLE PAGENBERG Partnerschaft mbB) DEFENDANTS 1) IMI Hydronic International SA Route de Crassier 19 - 1262 - Eysins – CH 2) IMI Hydronic Engineering AB Ljung - 52480 - Ljung - SE represented by: Clemens Bauer (Müller Schupfner & Partner) PATENT AT ISSUE European patent n° 3 812 870 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 and the legally qualified judges András Kupecz and Tobias Pichlmaier. Local Division Munich UPC_CFI_801/2024 UPC_CFI_392/2025 UPC_CFI_801/2024 UPC_CFI_392/2025 2 LANGUAGE OF THE PROCEEDINGS English SUBJECT-MATTER OF THE PROCEEDINGS Scheduling and R 37.2 RoP GROUNDS FOR THE ORDER These dates already take into account the availabilitiy of the parties and the date of the oral hearing at the Boards of Appeal of the European Patent Office (BoA) on 27 November 2025, as well as a possible date for an oral hearing at the Central Division's Paris seat, to be scheduled no earlier than February 2026. As both parties voted against bifurcation, the panel has decided to proceed with both the infringement action and the counterclaim for revocation. Furthermore, Belparts informed the court that the counterclaim for revocation contains different arguments to those in the central revocation action pending before the Central Division's Paris seat. ORDER 1. The date for the interim videoconference is set for 24 March 2026 at 10:00. 2. The date for the in-person oral hearing in Munich, Denisstr. 3, Room 212 and Overflow Room 220b) is 18 June 2026 at 9:00 am. 3. The parties are summoned to attend these hearings. 4. Parties are invited to submit proposals for the interim conference by 19 March 2026. 5. The panel will proceed with both the infringement action and the counterclaim for revocation. 6. The President of the Court of First Instance is asked to assign a technically qualified judge to the panel. Dr. Zigann Presiding Judge Kupecz Legally Qualified Judge Pichlmaier Legally Qualified Judge UPC_CFI_801/2024 UPC_CFI_392/2025 3 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 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). DETAILS OF THE ORDER Order no. ORD_69274/2024 in ACTION NUMBER: ACT_65882/2024 UPC number: UPC_CFI_801/2024 Action type: Infringement Action
Key Holdings
- Dates set to accommodate parallel proceedings.
Tags
- Case Management
- Parallel Proceedings
- Scheduling