Huawei v Sercomm Italia (CFI, 12 October 2026)

Dhenne Avocats · 17 October 2026

Our analysis

Summary

By a procedural order of 12 October 2026, issued in German, the Munich Local Division arranged service on Sercomm Italia SRL of two orders in its dispute with Huawei Technologies over EP 3 611 989 B1. The order bears the number UPC_CFI_3452/2026, whereas the Registry publishes it under UPC_CFI_1271/2026, the proceedings in which Sercomm Italia had been the fourth defendant.

Question

How is service to be effected when attempts at the defendant’s registered address have failed?

Decision

Relying on Rule 275 RoP, the Division ordered that the present order and the order of 7 October 2026 be placed on the files of UPC_CFI_1271/2026 and UPC_CFI_3451/2026 and served in paper form on the defendant’s representative. The order of 7 October 2026, to which it refers, treats service as validly effected on 12 June 2026 under Rule 275.2 RoP, with the statement of defence expected by 28 October 2026. According to the claimant, the patent is essential to the WiFi 6 standard and licensed both bilaterally and through the SISVEL pool, a point on which the Division expressed no view.

Key points for practice

• Rule 275.2 RoP allows service by an alternative method to be treated as good service from an earlier date, with direct consequences for the defence timetable.
• The defendant’s representative may become the addressee of service where the registered address proves ineffective.

Provisions applied

Rules of Procedure

Rules 275 and 275.2 RoP

Related decisions

• Huawei v Sercomm Corporation and others, 8 July 2026, an earlier act published in UPC_CFI_1271/2026.

Prepared by Dhenne Avocats from the official decision, consulted on 17 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.