LD Hamburg, April 18, 2024, Procedural Order, UPC_CFI_169/2024

Bardehle Pagenberg


BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.
Germany Litigation, Mediation & Arbitration
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1. Key takeaways

All service outside the contracting member states is covered by section 2, i.e. Rules 273 and 274 RoP.

If defendants are domiciled outside the territory of the contracting member states of the UPCA and have no statutory seat, central administration or principal place of business nor their own permanent or temporary place of business within the contracting member states of the UPCA, service must be effected in accordance with Rules 273 and 274 RoP.

An attempt of service and actual transmission in accordance with Rule 274.1 (a) (ii) and (iii) RoP and the provisions of the Hague Service Convention, respectively in accordance with the national rules regarding service through diplomatic or consular channels, is an indispensable prerequisite for a decision on the merits of the case if defendants based in China and Taiwan are involved.

2. Division

Local Division Hamburg

3. UPC number


4. Type of proceedings

Infringement Action, Procedural Order regarding service of the statement of claim

5. Parties

Daedalus Prime LLC ./. Xiaomi Communications Co., Ltd.; Xiaomi Inc.; Xiaomi Technology Netherlands B.V.; Xiaomi Technology Germany GmbH; MediaTek Inc. (Headquarters)

6. Patent(s)


7. Body of legislation / Rules

Rules 271.5 (a), 273, 274.1 (a) (ii) and (iii) RoP

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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