Düsseldorf Local Division
UPC_CFI_807/2024
UPC_CFI_334/2025

Procedural Order
of the Court of First Instance of the Unified Patent Court
issued on 5 August 2025
concerning EP 1 905 615

CLAIMANT:
Wonderland Nurserygoods Co., Ltd., represented by the president, 10F, No. 433 Rui Kwang Road, Neihu, 114 Taipei, Taiwan
represented by: Attorney-at-law Dr Jan Philipp Rektorschek, Attorney-at-law Julia Fischer and Attorney-at-law Tobias Baus and all professional representatives admitted to practice before the Unified Patent Court of Taylor Wessing Partnerschaftsgesellschaft mbB, Isartor-platz 8, 80331 Munich, Germany
electronic address for service: j.rektorschek@taylorwessing.com
contributing: Patent Attorney Dr Tim Oppermann and all professional representatives admitted to practice before the Unified Patent Court of Pfenning, Meining & Partner mbB, Joachimsthaler Str. 12, 10719 Berlin, Germany

DEFENDANTS:
1. Cybex GmbH, Riedinger Strasse 18, 95448 Bayreuth, Germany
2. Cybex Retail GmbH, Riedinger Strasse 18, 95448 Bayreuth, Germany
3. Columbus Trading-Partners GmbH & Co. KG, Riedinger Strasse 18, 95448 Bayreuth, Germany
represented by: Attorney-at-law Dr Michael Nieder, Patent Attorney Tilman Pfrang, Attorney-at-law Niels Schuh, Meissner Bolte Patentan-wälte Rechtsanwälte Partnerschaft mbB, Widenmayerstraße 47, 80538 Munich, Germany
electronic address for service: mail@mb.de

PATENT AT ISSUE:
European patent n° EP 1 905 615

PANEL/DIVISION:
Panel of the Local Division in Düsseldorf

DECIDING JUDGES:
This Order was issued by Presiding Judge Thomas, legally qualified Judge Dr Schumacher acting as judge-rapporteur, legally qualified Judge Bessaud and technically qualified Judge Roselinger.

LANGUAGE OF THE PROCEEDINGS: English

SUBJECT OF THE PROCEEDINGS: Patent infringement action – R. 37.1, R. 37.2 RoP, Art. 33(3) UPCA

ORDER:
Pursuant to R. 37.2 RoP, the Panel takes an earlier decision on the question of how to proceed with regard to Art. 33(3) UPCA before the end of the written procedure.
According to R. 37.2 RoP, the panel may by order take an earlier decision having considered the parties’ pleadings and having given the parties an opportunity to be heard.
In the present case, the Panel exercises its discretion to proceed with both the infringement action and the counterclaim for revocation (Art. 33(3)(a) UPCA). Such a joint hearing of the infringement action and the counterclaim for revocation seems to be appropriate in particular for reasons of efficiency. It is also preferable because it allows both issues – validity and infringement – to be decided on the basis of a uniform interpretation of the patent by the same panel composed of the same judges.
An early decision on the bifurcation issue will set the framework for possible questions. This will enable the Court to manage the case accordingly.
The parties have been heard and have not raised any objections.

ORDER:
With the consent of the parties, the Düsseldorf Local Division will hear both the infringement action and the counterclaim for revocation.

DETAILS OF THE ORDER:
ORD_33920/2025 related to the main proceedings ACT_66405/2024 and CC_17805/2025
UPC-number: UPC_CFI_807/2024 and UPC_CFI_334/2025
Type of procedure: Infringement action and counterclaim for revocation

Issued in Düsseldorf on 5 August 2025