1. Key takeaways
A defendant company in China cannot, as a starting point, be served a complaint via a company within the same group in a Contracting Member State
Attempts to serve in China by any method provided for by the Hague Convention pursuant to R.274.1(a)(ii) RoP shall normally be made before service permitted by the law of the state where service is to be effected (R. 274.1(b) RoP) or by alternative methods or at an alternative place (R. 275 RoP) is permitted
The Hague Service Convention applies to companies with a registered office in China (R. 274.1(a)(ii) RoP)
2. Division
CoA Luxembourg
3. UPC number
UPC_CoA_205/2024
4. Type of proceedings
Appeal
5. Parties
Nera Innovations Ltd. (Ireland)
Xiaomi Communications Co., Ltd. (China), Xiaomi Inc. (China), Xiaomi Technology Netherlands B.V. (the Netherlands), Xiaomi Technology Germany GmbH (Germany)
6. Patent(s)
EP 2 642 632
7. Jurisdictions
8. Body of legislation / Rules
Rule 271.5(a) RoP, Rule 274, Rule 275
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