Powermat Technologies v Anker Innovations Technology (CFI, 1 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 1 August 2025 (UPC_CFI_197/2025, App_33539/2025), the judge-rapporteur of the Mannheim Local Division postponed until after the oral hearing the decision on the conditional request for a stay filed by Anker Innovations Technology and the other defendants in Powermat Technologies’ infringement action (EP 2 481 141). The stay was sought pending the FRAND counterclaim brought before the Munich Local Division (UPC_CFI_399/2025). The order shows that a stay request made conditional on a finding of infringement cannot be examined before the merits are argued.

Question

Can the court rule during the written procedure on a stay request made only for the event that infringement of a valid claim is found?

Decision

No. Since the request is conditional on findings of infringement and validity, it calls for a decision after the oral hearing, as dismissal of the action requires a hearing on the merits (paragraph 1). Even on a different reading, it could not be decided before the hearing ends, because infringement, validity and the relevance of the FRAND defence are only assessed at that stage (paragraph 2). There is therefore no need to hear the claimant separately: it may comment in its reply to the statement of defence (paragraph 3).

Key points for practice

• A conditional stay request tied to the outcome of FRAND proceedings pending before another division is deferred to the hearing. Parties should factor it into their preparation of the merits.

Provisions applied

Rules of Procedure

Rule 295

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.