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2025-09-02 App_35439_2025

Source: 
Stay of proceedings
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Rule 102 – Referral to the panel, Rule 295 – Stay of proceedings, Rule 333 – Review of case management orders
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The following text is not a complete transcript of the decision/order:

Local Division Munich
UPC_CFI_119/2025
UPC_CFI_401/2025

Procedural Order
of the Court of First Instance of the Unified Patent Court
Local Division Munich
issued on 2 September 2025

CLAIMANTS
1) Shanghai Jinko Green Energy Enterprise Management Co., Ltd.
5/F, No. 277 Huqingping Road, Minhang District - 201105 - Shanghai – CN
2) Zhejiang Jinko Solar Co., Ltd.
No. 58, Yuan Xi Road Yuan Hua Town - 314416 - Haining, Zhejiang - CN
represented by: Marco Scheffler (Gulde & Partner)

DEFENDANTS
1) LONGi Solar Technologie GmbH Bockenheimer Landstr. 51-53 - 60325 - Frankfurt am Main – DE
represented by: Benjamin Schröer (Hogan Lovells)
2) LONGi Green Energy Technology Co. Ltd.
No.388 Hangtian Middle Road, Chang'an District, Xi'an City, Shaanxi Province 710100, PR China
represented by: Benjamin Schröer (Hogan Lovells)
3) LONGI SOLAR FRANCE SARL.
3 RUE SAINT-GEORGES - 75009 - PARIS – FR
represented by: Benjamin Schröer (Hogan Lovells)
4) Soltech Energy GbR Kolberger Straße 4 - 13357 - Berlin – DE
represented by: ./.
5) Longi (Netherlands) Trading B.V.
Boompjes Xb - 3011 40 - Rotterdam – NL
represented by: Benjamin Schröer (Hogan Lovells)
6) Energy3000 solar GmbH Industriestraße V/1 - 7052 - Müllendorf - AT
represented by: Benjamin Schröer (Hogan Lovells)

PATENT AT ISSUE
European patent n° 4 372 829

PANEL/DIVISION
Panel 1 of the Local Division Munich

DECIDING JUDGE/S
This order has been issued by the Presiding Judge Dr. Matthias Zigann acting as judge-rapporteur.

LANGUAGE OF THE PROCEEDINGS
English

SUBJECT-MATTER OF THE PROCEEDINGS
stay

REQUESTS BY THE PARTIES
Claimants request:
We request the Court to stay the infringement procedure (ACT_7567/2025) according to Rules 295
(d) and 295 (m) of the Rules of Procedure (RoP) of the Unified Patent Court. We further request the
Court to stay the revocation procedure (CC_21209/2025) according to Rule 295 (d) RoP. We further
request that, upon possible resumption of the proceedings, the Claimant’s full two-month deadline
for the Reply in the infringement procedure and for the Defense to the Counterclaim for Revocation
runs afresh and that the dates of February 13, 2026 (interim conference) and May 12, 2026 (oral
hearing) be cancelled.

Attached we submit a declaration of the consent of the defendants
1. LONGi Solar Technologie GmbH
2. LONGi Green Energy Technology Co. Ltd.
3. LONGI SOLAR FRANCE SARL.
5. Longi (Netherlands) Trading B.V.
6. Energy3000 solar GmbH
The applications are based on the grounds that the parties are currently negotiating a
comprehensive settlement agreement on the matters in dispute. Regarding the defendant
4. Soltech energy GbR
the proper administration of justice requires the stay of the infringement procedure because it is not
clear yet whether the customers of the defendants – including Soltech energy GbR – will be part of
the settlement agreement. We remain at the Court’s disposal for any further coordination or
clarification that may be required.
Defendants 1)-3) and 5)-6) request:
on behalf of the Defendants, we consent to a stay of the infringement procedure (ACT_7567/2025)
pursuant to R. 295 lit. (d) RoP regarding the Defendants and R. 295 lit. (m) RoP regarding the
Defedant 4) (not represented by the undersigned), as well as to a stay of the counterclaim for
revocation (CC_21209/2025) pursuant to R. 295 lit. (d) RoP.
We further consent that, upon resumption of the proceedings, the Claimant’s full two-month
deadline for the Reply in the infringement procedure and for the Defense to the Counterclaim for
Revocation runs afresh.
The Defendants wave their right to be heard, in as much as the court intends to order a stay as
consented to herewith.

GROUNDS
Following requests from both parties, the infringement proceedings and the counterclaim for
revocation shall be stayed.
Following the claimants' request, the infringement proceedings against the fourth defendant shall be
stayed pursuant to Rule 295(m) of the Rules of Procedure, as it is unclear whether the defendants'
customers – including Soltech Energy GbR – will be included in the settlement agreement.
The claimants shall notify the court of the outcome of the settlement talks within six months at the
latest.

ORDER
1) The proceedings relating to the infringement action and the counterclaim for revocation are stayed.
2) The dates for the interim conference and the oral hearing are cancelled.
3) If the proceedings resume, the claimant has a fresh two-month deadline for the reply in the
infringement procedure and the defence to the counterclaim for revocation.
4) The claimants shall notify the court of the outcome of the settlement talks within six months at the
latest.

INFORMATION ABOUT REVIEW BY PANEL
Any party may request that this Order be referred to the panel for a review pursuant to R. 333 RoP.
Pending review, the Order shall be effective (R. 102.2 RoP)

DETAILS OF THE ORDER
Order no. ORD_35979/2025 in ACTION NUMBER: ACT_7567/2025
UPC number: UPC_CFI_119/2025
Action type: Infringement Action
Related proceeding no. Application No.: 35439/2025
Application Type: Generic procedural Application

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