Panasonic Holdings v Guangdong OPPO Mobile Telecommunications (CFI, 2 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 2 September 2024 (ACT_545620/2023, ORD_40296/2024), the Munich Local Division (Zigann, Kupecz, Pichlmaier, Roselinger) refused Panasonic Holdings Corporation’s application to extend its infringement action on EP 3 024 163, brought against Guangdong OPPO Mobile Telecommunications and OROPE Germany among others, to OTECH Germany, which has handled smartphone sales since August 2020. Leave to appeal was granted. The order sets limits on joining a new defendant late in the proceedings.

Question

May the division, under Rule 305 RoP, add a defendant where the request is made late, a few months before the oral hearing planned for the end of January 2025?

Decision

No. Rule 305 RoP sets no express time limit, unlike Rule 263 RoP, but delay is relevant to the division’s wide discretion, which must secure speedy proceedings and the right to be heard. The request is late: Panasonic had known since June 2023 of the Mannheim Regional Court judgment holding OTECH liable and could have consulted OROPE Germany’s annual report earlier. No exception is justified: OTECH could bring its own counterclaim for revocation, binding it to the current state of proceedings (Rule 306.2 RoP) would go too far, confining it to a counterclaim (Art. 33(4) UPCA) would be unfair, and the written procedure would have to be cut too short. Panasonic’s disadvantage is limited, as a separate action remains available. Leave to appeal is granted because the Court of Appeal has not yet settled these questions (Rule 220.2 RoP).

Key points for practice

• Practical point: claimants should identify early the group companies involved in marketing, a request to extend the action made at the end of the written procedure risks refusal in favour of a separate action.

Provisions applied

Agreement on a Unified Patent Court

Arts. 33(4) and 73(2)(b)

Rules of Procedure

Rules 220.2, 224.1(b), 263, 305 and 306

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.