Local Division Munich
UPC_CFI_801/2024
UPC_CFI_392/2025

Procedural Order
of the Court of First Instance of the Unified Patent Court
Local Division Munich
issued on 4 September 2025

CLAIMANT
Belparts Group N.V.
Wingepark 4 - 3110 - Rotselar - BE
represented by: Dr. Tobias Wuttke (BARDEHLE PAGENBERG Partnerschaft mbB)

DEFENDANTS
1) IMI Hydronic International SA
Route de Crassier 19 - 1262 - Eysins – CH
2) IMI Hydronic Engineering AB
Ljung - 52480 - Ljung - SE
represented by: Clemens Bauer (Müller Schupfner & Partner)

PATENT AT ISSUE
European patent n° 3 812 870

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
Application R.302.3 RoP - App_33992/2025 UPC_CFI_801/2024

REQUESTS BY THE PARTIES
Belparts requests:
that the Counterclaim for infringement from the parallel infringement proceedings before the Central
Division Paris (CC_19180 / 2025 / UPC_CFI_364/2025) be heard together with the present
infringement action pursuant R. 302.3 RoP. Both infringement actions are based on the identical
patent against the same accused embodiment and entities from the same group of companies.
Belparts argues:
In the proceedings (CC_19180 / 2025 / UPC_CFI_364/2025) before the Central Division in Paris
Defendant (Claimant in the present proceedings) has filed on 30 July 2025 in its Reply to the defence
to the counterclaim for infringement (R56.3 RoP) a parallel request to refer the counterclaim for
infringement action to the present proceedings. A copy of this submission is attached as - Exhibit BP
1 - A consolidation of the pending infringement proceedings and a joint hearing is justified for
safeguarding a consistent and uniform application of UPC law. Insofar, the present infringement action
should be regarded as the leading case and the counterclaim for infringement from the central
revocation action be adhered to the present infringement action. First of all, the present infringement
action was brought first and only became second in line compared to the counterclaim for
infringement due to the divergent case schedules of the Paris Central Division and the present Local
Division Munich. Furthermore, the present infringement action is directed at such IMI group entities
which are more relevant from an infringement point of view. Whereas Claimant and Counter-
Defendant in the proceedings before the Central Division Paris is only acting locally in Germany,
Defendants in the present proceedings are active throughout the entire UPC territory and thus the
main source of infringement in the territory of the UPC.
IMI consents to that the Counterclaim for infringement from the parallel infringement proceedings
before the Central Division Paris be heard together with the present action.
GROUNDS
Regardless of the consent voiced by the IMI, the application is not well-founded.
Belparts relies on R. 302.3 RoP:
“3. The Court may order that parallel infringement or revocation proceedings relating to the same
patent or patents and before the same local or regional division or the central division or the Court of
Appeal be heard together where it is in the interests of justice to do so.”

The prerequisite that the two proceedings are pending 'before the same local or regional division or
central division' is not met, since the counterclaim for infringement is pending with the Central
Division, while the infringement action is pending with the Local Division Munich.
The Central Division has scheduled an oral hearing for 5 February 2026. The Local Division Munich
has scheduled an oral hearing for 18 June 2026. Therefore, the Local Division Munich will be aware
of the outcome and can decide on its own case accordingly. Furthermore, TQJ Andrea Perronace is a
member of both panels. This will ensure consistent decisions.

ORDER
The application is dismissed.

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_34051/2025 in ACTION NUMBER: ACT_65882/2024
UPC number: UPC_CFI_801/2024
Action type: Infringement Action
Related proceeding no. Application No.: 33992/2025
Application Type: Generic procedural Application