Court Of Appeal, May 22, 2024, Order Concerning An Expedition Request, UPC_CoA_218/2024 Et Al.

1. Key takeaways

Requirements for request for expedition of proceedings pursuant to R.9.3 RoP

A request to expedite appeal proceedings, namely a request to shorten any deadlines where possible pursuant to R. 225(e), R.9.3 RoP, requires the Applicant (here: Volkswagen AG) to explain that and why it would have a particular interest in the concerned brief (here: Statement of response) being filed before any particular date before the end of the currently applicable deadline (here: 15 days as provided for in R.224.2(b) RoP).

In the present case(s), where the Applicant's request for a security for procedural costs had been dismissed by the Local Division, the CoA found that legal costs continuing to accruein the main proceedings during the appeal re. procedural security and the Applicant's need to for a security as soon as possible, did not constitute such particular interest.

Corresponding orders were issued in parallel proceedings against other Defendants (Audi AG, Texas Instruments Inc. and Texas Instrumensts GmbH) and regarding other patents-in-suit (EP 1 552 399, EP 1 552 669).

2. Division

Court of Appeal

3. UPC number

UPC_CoA_218/2024

4. Type of proceedings

Request for procedural security, appeal proceedings

5. Parties

Volkswagen AG

Network System Technologies LLC.

6. Patent(s)

EP 1 875 683

7. Body of legislation / Rules

Rule 225(e) RoP, Rule 9.3 RoP

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Mr Michael Kobler
Bardehle Pagenberg
Patentanwälte Rechtsanwälte
Prinzregentenplatz 7
Munich
81675
GERMANY
Tel: [phone]
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URL: www.bardehle.com

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