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Seoul Viosys v expert e-Commerce (CFI, 5 August 2024)

Date5 August 2024
CourtCFI
DivisionDüsseldorf (DE) Local Division
Type of actionApplication Rop 333
Registry referenceApp_41447/2024 · ORD_42131/2024
PartiesSeoul Viosys Co., Ltd.

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 5 August 2024 (UPC_CFI_363/2023, App_41447/2024), the panel of the Düsseldorf Local Division, on Seoul Viosys’s application under Rule 333.1 RoP, upheld the judge-rapporteur’s order of 1 July 2024, which had deferred the decision whether to admit a subsequent request to amend EP 3 926 698 under Rule 30.2 RoP in the infringement action against expert e-Commerce and expert klein, the latter having brought a counterclaim for revocation.

Question

May the judge-rapporteur defer the decision whether to admit a subsequent amendment request, and does the two-month reply period of Rule 32.1 RoP apply to such a request?

Decision

The judge-rapporteur’s measure is a procedural order open to review. Rule 30.2 RoP is a strict preclusion rule: a subsequent request is admissible only once admitted, and no decision rejecting it is required. As the rule does not say when the admission decision must be taken, timing lies within the court’s discretion and the decision may be deferred. The amendment has been neither admitted nor rejected, so admission remains possible. The two-month period of Rule 32.1 RoP is triggered only by an application to amend under Rule 30.1 RoP, not by a subsequent request, a reading consistent with the aim, in point 7 of the Preamble, of an oral hearing within about one year. The defendants’ right to be heard can be safeguarded within the admission decision.

Key points for practice

Provisions applied

Rules of Procedure
Preamble (point 7), Rules 30.1, 30.2, 32.1 and 333.1
Case law cited
Panasonic v Guangdong OPPO Mobile Telecomm, Mannheim Local Division, 27 June 2024, Carrier v BITZER Electronics, Court of Appeal, 28 May 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.


Going further

Lexicon: Written procedure (UPC).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Application Rop 333
Outcome (Dhenne Avocats summary)
La formation maintient l'ordonnance du juge rapporteur : la décision d'admettre une demande de modification ultérieure peut être différée, et le délai de deux mois de la règle 32.1 ne s'applique pas à une telle demande.
Appeal
No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance
First-instance decision, whether it has become final is not recorded.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 3 926 698
Light emitting diode
recorded proprietor: Seoul Viosys Co Ltd
Mentioned in the analysis (role not qualified)
Also mentioned in 11 other decision(s): Emporia UK v Seoul Viosys (CFI, 30 March 2026) · expert klein v Seoul Viosys (CoA, 2 October 2025) · Seoul Viosys v expert e-Commerce (CFI, 10 April 2026) · Seoul Viosys v Emporia UK (CFI, 1 September 2025) · Seoul Viosys v expert klein (CoA, 21 August 2025) · Seoul Viosys v expert klein (CFI, 14 April 2025) · Seoul Viosys v expert klein (CFI, 10 October 2024) · Seoul Viosys v expert e-Commerce (CFI, 12 July 2024)
not recordednot recordednot recordedEspacenet · European Patent Register
existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically)
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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