Qualcomm Germany v Network System (CFI, 25 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 25 August 2025 (UPC_CFI_64/2024, application No. 22894/2024), the judge-rapporteur of the Munich Local Division (Judge Voß) rejected the preliminary objection lodged by Qualcomm Incorporated, Qualcomm Technologies and Qualcomm Germany in Network System Technologies’ infringement action concerning EP 1 875 683. The defendants argued that the withdrawal of the opt-out was ineffective because the representative who filed it lacked authority. The order closes that route to contesting jurisdiction. Two orders in the same terms were issued on the same day in the parallel actions (UPC_CFI_63/2024 and UPC_CFI_65/2024).

Question

Can a defendant, by a preliminary objection, challenge an opt-out withdrawal on the ground that the representative who filed it had no mandate?

Decision

No. Rule 19.1(a) does not allow a defendant to raise any objection whatsoever against an opt-out or its withdrawal (paragraph 18). A withdrawal takes effect where Rules 5.3 and 5.7 are complied with, it is entered in the register and Rule 5.8 does not apply. Objections are confined to non-compliance with those formal requirements, lack of entry or Rule 5.8 (paragraph 24). A representative under Rule 5.3(b)(i) need not show a mandate, and only the proprietor or applicant may rely on Rule 5A (paragraph 25). In the alternative, the defendants’ submissions were insufficient (paragraph 31). Costs were left to the main proceedings and leave to appeal was refused (paragraphs 35 and 36).

Key points for practice

• Whether an opt-out has been effectively withdrawn turns only on the requirements of Rule 5 and entry in the register.
• A UPC representative need not produce a mandate in order to withdraw an opt-out.

Provisions applied

Agreement on a Unified Patent Court

Arts 2(b), 32(1)(a), 48 and 83(3) and (4)

Rules of Procedure

Rules 5, 5A, 19.1(a), 20.1, 21.1, 220.2, 271.6(b) and 285

Case law cited

AUDI AG v Network System, Court of Appeal, 18 September 2024 (APL_30168/2024)

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.