Düsseldorf Local Division UPC_CFI_351/2024 UPC_CFI_595/2024

Procedural Order

of the Court of First Instance of the Unified Patent Court issued on 12 June 2025 concerning EP 3 686 683 B1

Claimant:

Canon Kabushiki Kaisha , represented by its chief executive officer Mr. Fujio Mitarai, 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo, 146-8501, Japan

represented by:

Attorney-at-law Boris Kreye LL.M., Attorney-at-law Anika Boche, Attorney-at-law Lukas Wosnitza, Maximiliansplatz 22, 80333 Munich, Germany

with support by:

Patent Attorney Dipl.-Ing. Rainer Böckelen, Patent Attorney Dipl.-Ing. Tobias Schob, TBK, Bavariaring 4-6, 80336 Munich, Germany

electronic address for service:

UPC_Canon@twobirds.com

Defendants:

Katun Germany GmbH, represented by its managing directors Mr. Thomas Arthur Meij and Mr. Robert Henry Moore, Hammfelddamm 4a, 41460 Neuss, Germany Katun (E.D.C.) B.V., represented by its managing director Mr. Robert Henry Moore, De Prinsenhof 11, 4004 LN Tiel, The Netherlands Katun Corporation, represented by its chief executive officer Mr. Robert Henry Moore, 7760 France Ave. So., Suite 340, Minneapolis, Minnesota 55435, United States of America General Plastic Industrial Co., Ltd., represented by its chairman Mr. Jack Wang and its president Mr. Jerry Wang, 50, Tzu-Chiang Road, Wu-Chi Dist., Taichung, Taiwan 43547

represented by:

Attorney-at-law Dr Thure Schubert, Attorney-at-law Dr Mattias Jentsch, Attorney-at-law Luisa Huber, Patent Attorney Arnold Asmussen, Patent Attorney Dr Axel Leins, Vossius & Partner, Patentanwälte, Rechtsanwälte mbB, Siebertstraße 3, 81675 München, Germany

electronic address for service:

vb-katun-canon@vossiusbrinkhof.eu

PATENT AT ISSUE:

European patent n° EP 3 686 683 B1

PANEL/DIVISION:

Panel of the Local Division in Düsseldorf

DECIDING JUDGES:

This Order was issued by Presiding Judge Thomas, legally qualified Judge Dr Schumacher acting as judge-rapporteur, legally qualified Judge Knijff and technically qualified Judge Dr Philipps.

LANGUAGE OF THE PROCEEDINGS: English

SUBJECT OF THE PROCEEDINGS: R. 37.1 RoP, Art. 33(3) UPCA

GROUNDS FOR THE ORDER:

Pursuant to R. 37.2 RoP, the Panel takes an earlier decision on the question of how to proceed with regard to Art. 33(3) UPCA before the end of the written procedure.

According to R. 37.2 RoP, the panel may by order take an earlier decision having considered the parties' pleadings and having given the parties an opportunity to be heard.

In the present case, the Panel exercises its discretion to proceed with both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA). Such a joint hearing of the infringement action and the counterclaim for revocation seems to be appropriate in particular for reasons of efficiency. It is also preferable because it allows both issues - validity and infringement - to be decided on the basis of a uniform interpretation of the patent by the same panel composed of the same judges.

An early decision on the bifurcation issue will set the framework for possible questions. This will enable the Court to manage the case accordingly.

The parties have been heard and have not raised any objections. In fact, they had already requested that the Düsseldorf Local Division proceed with both the infringement action and the counterclaim for revocation.

ORDER:

With the consent of the parties, the Düsseldorf Local Division will hear both the infringement action and the counterclaim for revocation.

DETAILS OF THE ORDER:

ORD_25552/2025 related to the main proceedings ACT_38671/2024 and CC_55813/2024

UPC-Number: UPC_CFI_351/2024 and UPC_CFI_595/2024

Subject of the Proceedings: Patent infringement action and Counterclaim for revocation

Issued in Düsseldorf on 12 June 2025

NAMES AND SIGNATURES

Presiding Judge Thomas

Legally qualified Judge Dr Schumacher

Legally qualified Judge Knijff

Technically qualified Judge Dr Philipps