Local Division Munich UPC_CFI_801/2024 UPC_CFI_392/2025
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
-
IMI Hydronic International SA Route de Crassier 19 - 1262 - Eysins -CH
-
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.
UPC_CFI_801/2024 UPC_CFI_392/2025
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
-
- The date for the interim videoconference is set for 24 March 2026 at 10:00.
-
- 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.
-
- The parties are summoned to attend these hearings.
-
- Parties are invited to submit proposals for the interim conference by 19 March 2026.
-
- The panel will proceed with both the infringement action and the counterclaim for revocation.
-
- 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
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