Helsinki local division

PROCEDURAL ORDER
of the Court of First Instance of the Unified Patent Court
Local Division in Helsinki
issued on August 28, 2023
concerning European patent n° EP3295663

CMS no 545571/2023, the main proceedings
CMS no 551054/2023, the provisional measures application

CLAIMANT/ APPLICANT:
AIM Sport Vision AG
Bergstrasse 27 - 6010 - Kriens-Lucerne – CH
Represented by
Johanna Flythström, Roschier Attorneys Ltd
Mikael Segercrantz, Roschier Attorneys Ltd
Ari Laakkonen, Powell Gilbert (Europe) LLP
Siddharth Kusumakar, Powell Gilbert (Europe) LLP
Ralph Nack Noerr, Partnerschaftsgesellschaft mbB
Niclas Gajeck Noerr, Partnerschaftsgesellschaft mbB

DEFENDANTS:
1. Supponor Oy
Vaisalantie 6 - 02130 - Espoo – FI
2. Supponor Limited
Office 415 26-28 Hammersmith Grove - W6 7BA - London – GB
3. Supponor SASU
91 Rue Albert Caquot - 06560 Valbonne - Sophia-Antipolis – FR
4. Supponor Italia SRL
Via Castiglioni 1 - VA 21052 - Busto Arsizio – IT
5. Supponor España SL
Off 662, Gran Via Business Center SL, Gran Via de les Corts Catalanes 630 - 08007 -
Barcelona – ES
All represented by
Dr. Henrik Lehment, Rechtsanwalt (Attorney-at-law), Hogan Lovells International
LLP
Dr. Matthias Sonntag, Rechtsanwalt (Attorney-at-law), Gleiss Lutz
Panu Siitonen, Attorney-at-law, Hannes Snellman Attorneys Ltd.

PATENT AT ISSUE:
European patent n° EP3295663

DECIDINGJUDGE
This order has been issued by the judge-rapporteur / presiding judge Petri Rinkinen.

LANGUAGE OF THE PROCEEDINGS
English

THESTATUS OF THEPROCEEDINGS
Aim Sport Vision AG has filed on 5 July 2023 a Statement of Claim in the main proceedings
(CMS no 545571/2023) concerning the alleged infringement of the European patent
n° EP3295663, including an application for provisional measures. For technical reasons of
the Unified Patent Court’s Case Management System (CMS) a separate workflow for the
provisional measures (CMS no 551054/2023) was filed on July 12, 2023.
The defendants have lodged on August 18, 2023 a preliminary objection in the main
proceedings based on rule 19 of Rules of Procedure (RoP) and on the same date they have
lodged an objection to the provisional measures application based on rule 209 RoP
including the same preliminary objections as filed in the main proceedings. The latter
includes also a number of additional requests such as a request to appoint a technical judge
and a request for security for costs of the defendants (rule 158 RoP).

GROUNDS FOR THEORDER
Based on rule 9 RoP the Court may of its own motion make a procedural order to take any
step within time periods to be specified.
Based on rule 20 RoP the judge-rapporteur shall decide the preliminary objection and shall
give the parties an opportunity to be heard.
Based on rule 102.1 RoP the judge-rapporteur may refer any matter to the panel for
decision.
Based on rule 158.2 RoP if the security for costs has been requested the parties shall be
heard before making the decision.
Based on rule 205 RoP the provisional measures shall consist of a written procedure and
oral procedure, which may include an oral hearing of the parties.
Based on rule 264 RoP where the rules provide that a party shall or may be given an
opportunity to be heard before the Court makes an order or takes some action, the Court
shall or may (as the case may be) request the parties to provide written submissions within
a specified period and/or shall or may invite the parties to an oral hearing on a fixed date
by the Court.
Reference in this regard is also made to Chapter 8 – Case Management of the Rules of
Procedure.
Based on the above the Court has decided that the following steps shall be taken in the
main proceedings and the provisional measures proceedings.
In the main proceedings the plaintiff shall have the opportunity to lodge a written
submission in the CMS concerning the preliminary objection by the defendants by
September 4, 2023.
In the provisional measures procedure the applicant has the opportunity to lodge a written
submission concerning the defendants’ arguments about the competence/jurisdiction of
the UPC (section C.I on the preliminary objection), about the Issues relevant to individual
Defendants (section C.VIII) and Territories (section C.IX) and about the procedural request
concerning the Security for Costs (section F.IV). This submission is to be lodged in the CMS
separately to the workflow concerning the provisional measures by September 4, 2023. It
is to be noted that the CMS seems to have technical challenges concerning the workflow
in question, so if the CMS does not allow the applicant to lodge the submission, it can be
lodged by email to the following address:
Contact_HELSINKI.LOC@unifiedpatentcourt.org
Regardless of the above there is no need to address the issue concerning the
competence/jurisdiction of the Court concerning the application for seizure in Finland as
it is not relevant at this stage of the proceedings.
The defendants have the opportunity to lodge a written submission concerning the issues
specified above by September 11, 2023 noting the two separate workflows in the CMS and
the technical challenges in the provisional measures workflow as explained above.

When providing the written submissions, parties should take into consideration in their
argumentation the Brussels regulation (recast) (Regulation (EU) No 1215/2012), especially
but not limited to Articles 71b–71d.
The parties are invited to an oral hearing on September 21, 2023 to be held in front of the
whole panel, including a technically qualified judge (to be nominated in conformity with
rule 33.3), at the premises of the Market Court in Helsinki, Finland.
Parties should take into consideration the following instructions at the oral hearing:
- Provisional measures matter as a whole will be heard as well as the preliminary objection
concerning the main proceedings and the request for security of the costs. The additional
written submissions are requested by the court only concerning the issues defined above.
- It is possible for the parties and their representatives to participate to the oral hearing
on site or via online connection.
- The hearing will be audio recorded by the Court. The recording shall be made available at
the premises of the Court to the parties or their representatives after the hearing (rule 264
RoP in connection with rule 106 RoP). Parties are not allowed to make any recordings of
the hearing.
- The hearing will be public. Members of the public are not allowed to make any recordings
of the hearing.
- Parties shall inform in their written submissions the persons who shall participate on site
and who shall participate online (providing their email addresses). If changes are needed
after the written submissions, the parties should take contact with the clerks in Helsinki
Local Division using the email address provided above.
- Parties shall have in total 90 minutes each to present their case in the provisional
measures matter as well as concerning the preliminary objection filed by the defendant:
- First the applicant concerning the provisional measures application.
- Followed by the defendants concerning their preliminary objections
(jurisdictional issues) and procedural requests as well as their answer to the
provisional measures application.
- Finally the plaintiff / applicant concerning jurisdictional issues and the
procedural requests by the defendants.
- It is up to the parties to decide how they divide the time between the different issues.
- It is allowed to use visual aids, such as power point presentations. In such case, either a
copy in electronic form or five copies on paper should be provided to the Court and also
copies to the other party prior the presentations.
- After the presentation there will be a break followed by 15 minutes rebuttals per party,
first the plaintiff /applicant and then the defendant, possibly followed by an active debate
upon questions from the Court.
- After rebuttals and active debate the Court will deliberate and either give its decision
concerning the provisional measures application and the other issues at hand on this
hearing or inform parties of any other arrangement.

ORDER
For these grounds the presiding judge / judge rapporteur orders that:
The plaintiff/applicant shall lodge by September 4, 2023 its written submissions on the
main proceedings (CMS no 545571/2023) as well as on the provisional measures
proceedings (CMS no 551054/2023) on the matters explained in detail above taking into
consideration the potential technical challenges in the CMS concerning the provisional
measures proceedings.
The defendants shall lodge by September 11, 2023 their written submissions on the main
proceedings (CMS no 545571/2023) as well as on the provisional measures proceedings
(CMS no 551054/2023) on the matters explained in detail above taking into consideration
the potential technical challenges in the CMS concerning the provisional measures
proceedings.
The oral hearing shall be held on September 21, 2023 starting at 9 am local time at the
premises of the Market Court, Radanrakentajantie 5, 00520 Helsinki, Finland, court room
no 4. The parties shall be present and duly represented. The failure to participate to the
hearing is subject to a decision by default (rule 355 RoP).

Issued on August 28, 2023

NAMES ANDSIGNATURES
Judge rapporteur / presiding judge
Signed electronically
Hyväksyn
dokumentin
28.08.2023