Heraeus Electronics v Vibrantz (CFI, 26 February 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 26 February 2025, made in the infringement action (UPC_CFI_114/2024, ACT_13227/2024) and the joined counterclaim for revocation (UPC_CFI_448/2024, CC_43919/2024), the Munich Local Division (Judges Zigann, presiding and rapporteur, Brinkman, Pichlmaier and Ashley) supplemented, by way of correction, the operative part of an order of 2 December 2024 and deferred until after the oral hearing its decision on a Rule 362 application. The dispute is between Heraeus Electronics and Heraeus Precious Metals and Vibrantz, over EP 3 215 288.

Question

Must the division rule before the oral hearing on an application for a finding that continuing the proceedings on the German part of the patent is barred by the res judicata effect of a Federal Patent Court (Bundespatentgericht) decision (Rule 362)?

Decision

No. An early decision could endanger the further conduct of the proceedings (Rule 363.2), the Court of Appeal being unlikely to rule before the hearing set for 1 July 2025, and both parties want a single hearing. The division therefore exercised its discretion to decide after the hearing, without addressing the merits of the objection. Separately, under Rule 353, the operative part of the order of 2 December 2024 was supplemented to replace Heraeus Precious Metals, defendant to the counterclaim, with Heraeus Electronics, as the reasons of that order had stated.

Key points for practice

• A Rule 362 application can be dealt with alongside the merits where hearing it separately, with a possible appeal, would threaten the timetable for the oral hearing.
• Practical point: a mismatch between the reasons and the operative part of an order is cured by an application for correction under Rule 353.

Provisions applied

Agreement on a Unified Patent Court

Art. 73(2)(b)

Rules of Procedure

Rules 25.1, 42.2, 305.1(c), 353, 362 and 363.2

Case law cited

No UPC decision is cited.

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.