Panasonic Holdings v Xiaomi Technology Germany (CFI, ORD_7585/2024, 22 February 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 22 February 2024 (UPC_CFI_223/2023), the Mannheim Local Division, in Panasonic Holdings Corporation’s infringement action on EP 2 207 270 against Xiaomi Technology Germany GmbH and five other companies, 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 Mannheim’s practice of settling the Article 33(3) UPCA option early in order to secure the prompt allocation of a technically qualified judge.

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

The division notes that Rule 37.1 RoP requires a decision as soon as practicable after the closure of the written procedure, but that Rule 37.2 RoP allows an earlier decision once the parties have been heard. The parties 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 a 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 allows the same panel to construe 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 say so 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.