ARTICLE
13 August 2024

CoA Luxembourg, August 5, 2024, Order On Service Of A Statement Of Claim On Defendants In China And Taiwan, UPC_CoA_183/2024

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Bardehle Pagenberg

Contributor

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.
A defendant company in China or Taiwan cannot be served a complaint via a company within the same group in a Contracting Member State
Germany Intellectual Property
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1. Key takeaways

A defendant company in China or Taiwan cannot 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

Similarly, attempts to serve in Taiwan by diplomatic or consular channels pursuant to R. 274.1(a)(iii) RoP shall be made

2. Division

Court of Appeal Luxembourg

3. UPC number

UPC_CoA_183/2024

4. Type of proceedings

Place type of proceedings

5. Parties

Daedalus Prime LLC (U.S.A.)

Xiaomi Communications Co., Ltd. (China), Xiaomi Inc. (China), Xiaomi Technology Netherlands B.V. (the Netherlands), Xiaomi Technology Germany GmbH (Germany), MediaTek Inc. (Taiwan)

6. Patent(s)

EP 2 792 100

7. Jurisdictions

8. Body of legislation / Rules

Rule 271.5(a) RoP, Rule 274 RoP

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