Panasonic v OROPE Germany (CFI, ORD_7587/2024, 22 February 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 22 February 2024 (UPC_CFI_216/2023), the Mannheim Local Division, in Panasonic Holdings Corporation’s infringement action on EP 3 096 315 against OROPE Germany GmbH and Guangdong OPPO Mobile Telecommunications Corp. Ltd., decided to hear both the infringement action and the counterclaim for revocation itself, before the written procedure had closed. The order is short, but it shows that the Article 33(3) UPCA option can be settled very early, here so that a technically qualified judge could be allocated promptly.

Question

May the local division decide how to deal with the counterclaim for revocation before the written procedure has closed, and should it keep the whole dispute?

Decision

Rule 37.1 RoP calls for a decision as soon as practicable after the closure of the written procedure, but Rule 37.2 RoP allows an earlier decision once the parties have been heard. They had raised no objection. An early decision was justified because the court is still in its early days and some judges sit part-time or case by case, so the technically qualified judge should be allocated early. On the option itself, hearing infringement, revocation and the counterclaim concerning a FRAND licence together was considered sensible on efficiency grounds and ensures that the same panel construes the patent uniformly. The judge-rapporteur is to ask the President of the Court of First Instance to allocate a technically qualified judge.

Key points for practice

• Practical point: a defendant seeking referral of its revocation counterclaim to the central division should raise it at the first scheduling exchanges, since the division may settle the Article 33(3) option before the written procedure ends.

Provisions applied

Agreement on a Unified Patent Court

Art. 33(3)(a)

Rules of Procedure

Rules 37.1 and 37.2

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.