HOFFMANN EITLE successfully assists Ericsson in EPO and UPC proceedings

新闻 | 12.06.2025

In the context of a recently settled global patent dispute between Ericsson and Lenovo, HOFFMANN EITLE successfully assisted its long-standing client Ericsson in the proceedings before the EPO and the UPC. 

In February 2024, Motorola Mobility, a subsidiary of Lenovo, filed infringement suits against Ericsson concerning two European patents with the Munich local division of the UPC (case numbers: ACT_5324/2024, ACT_5326/2024, and ACT_47298/2024). The first and third cases concern EP 3 780 758, and the second concerns EP 3 342 086.

In response to the complaints, Giovanni Corneo and Nicolas Douxchamps, two partners at HOFFMANN EITLE, prepared and filed oppositions with the EPO on Ericsson’s behalf against the two enforced patents. Furthermore, the HOFFMANN EITLE team prepared the technical part of the parallel counterclaims for revocation that were filed before the UPC, and also coordinated the strategy for the UPC cases also on the infringement side with the developments of the EPO oppositions.

In response to the notices of opposition, Motorola Mobility initially filed auxiliary requests including claim amendments with the EPO as well as corresponding applications to amend the patents with the UPC. In reaction to further attacks brought by the Opponents at the EPO against the initial auxiliary requests, Motorola Mobility filed further (narrower) auxiliary requests with the EPO, which were not part of the applications to amend the patent before the UPC. As the oppositions at the EPO were successfully accelerated at the Opponents’ request, the Opposition Divisions were able to rule on the opposition cases before the UPC could issue any substantive decision in both cases EP 3 780 758 and EP 3 342 086. Specifically, during oral proceedings held on 10 February 2025 regarding EP 3 342 086, the Opposition Division held that all claims attacked by Ericsson were invalid, which resulted in Motorola Mobility requesting a stay of the UPC proceedings. Meanwhile, a decision to maintain EP 3 780 758 in a limited form was taken by the EPO’s Opposition Division during oral proceedings held on 26 March 2025.

The defense of Ericsson was ultimately effective and successful as the Opposition Divisions of the EPO denied patentability of all claims that had been enforced before the UPC in all pending cases ACT_5324/2024, ACT_5326/2024, and ACT_47298/2024.

The settlement was reached at the beginning of April 2025, shortly after the 26 March 2025 hearing in the opposition against EP 3 780 758.

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