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2025-07-28 ACT_63643_2024

Source: 
allocation of a TQJ, non-bifurcation
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R. 28 – Further schedule, R. 33 – Application by a party for allocating a technically qualified judge, R. 37 – Application of Article 33(3) of the Agreement
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The following text is not a complete transcript of the decision/order:

LISBON – LOCAL DIVISION
UPC_CFI_757/2024
ACT_63643/2024

ORDER
of the Court of First Instance of the Unified Patent Court
Local Division in Lisbon delivered on 28 July 2025

APPLICANT
TELEFONAKTIEBOLAGET LM ERICSSON
21 Torshamnsgatan, Kista, 164 83 Stockholm, Sweden.
represented by Mr. Wim Maas

DEFENDANT
ASUSTEK COMPUTER INC
15, Lide Road, Beitou Dist.., Taipei City 112019, Taiwan.
represented by Mr. Alex Wilson

PATENT AT ISSUE:
EUROPEAN PATENT NO EP 2 819 131 B1

PANEL/DECIDING JUDGE:
Presiding judge and Judge-rapporteur: Rute Lopes
Legally Qualified Judge: Petri Rinkinen
Legally Qualified Judge: Samuel Granata

LANGUAGE OF THE PROCEEDINGS:
English

SUBJECT-MATTER OF THIS ORDER
R. 28, 33, 37.1, 2 RoP

GROUNDS FOR THE ORDER
1. Following order dated 14 July 2025, both parties have agreed on:
- The appointment of a Technically Qualified Judge.
- That infringement and counterclaim are heard together.
2. The Court has no arguments against this.
3. Both parties requested that the Oral Hearing be held on another date and, following notification from the Registry, indicated their availability on 25 March 2026.
4. According to the CMS, both the Statement of Defence and Counterclaim for Revocation were served on the claimant on 26 June 2025. In that regard, there is no need to take a position on the alignment of the dates for the Claimant to lodge the Reply to Defence and Defence to Counterclaim and any Application to Amend the Patent as requested by the Defendant.

ORDER
1. Allocation of a Technically Qualified Judge
The Court will request the president of the Court of First Instance to allocate a Technically Qualified Judge in the relevant field.
2. Interim Conference
The interim conference will be held via videoconference on 22 January 2026 at 9:30 (Lisbon time).
Parties are invited to suggest topics for the interim conference by 6 January 2026.
3. Oral Hearing
The Oral Hearing will be held in person, on 25 March 2026, in the Local Division of Lisbon (Courtroom), at 9:30 (Lisbon time).
4. Counterclaim
The panel will proceed with both the infringement action and the counterclaim for revocation.

ORDER DETAILS
UPC Number: UPC_CFI_757/2024
Action type: ACT_63643/2024

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