Case Law
Rule 302: Plurality of claimants or patents

Court of First Instance - Munich (DE) Local Division, Order dated 11/12/2023, Huawei Technologies Co. Ltd v. Netgear Inc./Netgear Deutschland GmbH/Netgear International Limited (Case number UPC_CFI_9/2023, ORD_593105/2023)
Example of decision on the possible separation of the subject-matter of the extension of the action: “The legal hearing to be granted to the defendant can be granted most clearly within the CMS by separating the subject matter of the extension of the action. This is because a separate workflow is then available for the action and for further possible defence submissions (objection; action for annulment; etc.).”

Court of First Instance - Düsseldorf (DE) Local Division, Order dated 04/12/2023, Seoul Viosys Co., Ltd. ./. Expert e-Commerce GmbH u. a. (Case number UPC_CFI_363/2023, ORD_589353/2023)
Example of decision on earing of proceedings relating to different patents in separate proceedings: “Pursuant to R. 302.1 of the Rules of Procedure, the court may order that proceedings instituted in respect of several patents be heard in separate proceedings. Such a separation is sensible and necessary in the present case. The patents in dispute can be challenged in their respective legal status. As a result, a different course of proceedings is possible and not unlikely. The parties have therefore rightly not opposed such a separation of proceedings.”