Local Division Munich UPC_CFI_119/2025
Procedural Order
of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 22 April 2025
CLAIMANTS
1) Shanghai Jinko Green Energy Enterprise Management Co., Ltd.
5/F, No. 277 Huqingping Road, Minhang District - 201105 - Shanghai -CN
2) Zhejiang Jinko Solar Co., Ltd.
No. 58, Yuan Xi Road Yuan Hua Town - 314416 - Haining, Zhejiang - CN
represented by:
Marco Scheffler (Gulde & Partner)
DEFENDANTS
1) LONGi Solar Technologie GmbH
Bockenheimer Landstr. 51-53 - 60325 - Frankfurt am Main - DE
represented by:
Benjamin Schröer (Hogan Lovells)
2) LONGi Green Energy Technology Co. Ltd.
No.388 Hangtian Middle Road, Chang'an District, Xi'an City, Shaanxi Province 710100, PR China
represented by:
Benjamin Schröer (Hogan Lovells)
3) LONGI SOLAR FRANCE SARL.
3 RUE SAINT-GEORGES - 75009 - PARIS - FR
represented by:
Benjamin Schröer (Hogan Lovells)
4) Soltech Energy GbR
Kolberger Straße 4 - 13357 - Berlin - DE
represented by: ./.
5) Longi (Netherlands) Trading B.V.
Boompjes Xb - 3011 40 - Rotterdam - NL
represented by: Benjamin Schröer (Hogan Lovells)
6) Energy3000 solar GmbH
Industriestraße V/1 - 7052 - Müllendorf - AT
represented by:
Benjamin Schröer (Hogan Lovells)
PATENT AT ISSUE
European patent n° 4 372 829
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.
LANGUAGE OF THE PROCEEDINGS
English
SUBJECT-MATTER OF THE PROCEEDINGS
Generic procedural Application (R9) - App_18755/2025 UPC_CFI_119/2025
SUMMARY OF FACTS
The statement of claim was lodged on 20 February 2025. Defendants 1), 3)-6) were served on 14 March 2025. As discussed with the judge-rapporteur the parties (claimants and defendants 1), 2), 3), 5) and 6)) agreed that Hogan Lovells will appoint itself also for Defendant 2) so that the Statement of claim does not have to be served in China. The Claimants in return agreed to an extension of the deadline for the Statement of defence for Defendants 1), 2), 3) 5) and 6) by five weeks, calculated on the basis of the deadline for Defendant 1). Since the deadline of Defendant 1) currently expires on 16 June 2025, an extension by five weeks leads to a deadline until 21 July 2025.
REQUESTS BY THE PARTIES
Defendants 1), 2), 3), 5) and 6) request:
to extend for Defendants 1), 2), 3), 5) and 6) the deadline for lodging the Statement of Defence and the Counterclaim for revocation until 21 July 2025.
GROUNDS FOR THE ORDER
Following the agreement between the parties the date of service for defendants 1), 2), 3), 5) and 6) is set to 14 March 2025. The deadline for lodging the Statement of Defence and the Counterclaim for revocation is set / extended until 21 July 2025.
ORDER
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- The statement of claim shall be deemed to have been served on defendant 2) on 14 March 2025.
-
- For defendants 1), 2), 3), 5) and 6), the time limit for lodging a defence and a counterclaim for revocation is set / extended to 21 July 2025.
-
- In main workflows with automatic invitation to file a reply (infringement action; CC, application to amend; preliminary objection), each defendant must upload a reply on its own. It is sufficient for one of the defendants to upload exhibits only once for all defendants. In the case of ancillary workflows (requests for extensions of time, etc.) it is sufficient for one defendant to start the workflow on behalf of all the others. The same applies to the two claimants.
INSTRUCTIONS TO THE REGISTRY
-
- The statement of claim shall be deemed to have been served on defendant 2) on 14 March 2025.
-
- This date is to be entered into the CMS.
-
- Representative for defendant 2) shall be provided with the access code.
DETAILS OF THE ORDER
Order no. ORD_19051/2025 in ACTION NUMBER: ACT_7567/2025
UPC number:
UPC_CFI_119/2025
Action type:
Infringement Action
Related proceeding no. Application No.:
18755/2025
Application Type:
Generic procedural Application
Dr. Zigann Presiding Judge