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Seoul Viosys v expert klein (CoA, 21 August 2025)

Date21 August 2025
CourtCoA
DivisionLuxembourg (LU)
Type of actionGeneric application
Registry referenceApp_34793/2025 · ORD_35350/2025
PartiesSeoul Viosys Co., Ltd.

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 21 August 2025, issued in appeal proceedings UPC_CoA_764/2024 and UPC_CoA_774/2024 between Seoul Viosys and expert klein and expert e-Commerce (EP 3 926 698), the Court of Appeal disregarded a brief lodged by Seoul Viosys after the oral hearing of 11 July 2025. The short order lays down a clear rule of conduct: once the hearing has closed, the case is ready for decision and no further written submissions will be entertained, not even to summarise the oral argument or to answer the Court’s introductory remarks.

Question

May a party, by an application based on Rule 9 RoP, file a post-hearing brief summarising its arguments in response to the introductory remarks (“Einführung”) given by the Court?

Decision

No. Under Rule 36, the judge-rapporteur may allow further written pleadings only on a reasoned request made before the written procedure closes. After that point, and all the more so after the oral hearing, there is no basis for further submissions without the Court’s prior consent. The case being ready for decision, the parties should refrain from any further exchange with the Court. The introductory remarks do not bind the Court. They serve to focus the debate, and any response belongs at the hearing, where the other side can reply. Applications App_34793/2025 and App_34805/2025 and the documents uploaded with them were disregarded.

Key points for practice

Provisions applied

Rules of Procedure
Rules 9 and 36

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.


Going further

Lexicon: UPC Court of Appeal.

Dhenne Avocats blog: UPC Appeals: What the Numbers Show.

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Generic application
Outcome (Dhenne Avocats summary)
La cour d’appel écarte le mémoire et les documents déposés par Seoul Viosys après l’audience, aucune écriture n’étant admise après la clôture de la procédure écrite sans autorisation, a fortiori après l’audience.
Appeal
Decision of the Court of Appeal.
Instance
Court of Appeal decision.

Patents mentioned

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 3 926 698
Light emitting diode
recorded proprietor: Seoul Viosys Co Ltd
Mentioned in the analysis (role not qualified)
Also mentioned in 11 other decision(s): Emporia UK v Seoul Viosys (CFI, 30 March 2026) · expert klein v Seoul Viosys (CoA, 2 October 2025) · Seoul Viosys v expert e-Commerce (CFI, 10 April 2026) · Seoul Viosys v Emporia UK (CFI, 1 September 2025) · Seoul Viosys v expert klein (CFI, 14 April 2025) · Seoul Viosys v expert klein (CFI, 10 October 2024) · Seoul Viosys v expert e-Commerce (CFI, 5 August 2024) · Seoul Viosys v expert e-Commerce (CFI, 12 July 2024)
not recordednot recordednot recordedEspacenet · European Patent Register
existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically)
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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