Panasonic’s opening win against Oppo in Munich

In the main trial, Munich Regional Court has ruled that Oppo has infringed Panasonic’s EP 2 019 559 and has ordered the company to cease and desist (case ID: AZ 21 O 9429/23). Grünecker filed the patent, which protects a method and device for radio transmission.

Panasonic victorious

The first judgment in the case by judges Georg Werner, Hubertus Schacht and Julia Seiler-Bohn is a clear victory for Panasonic against the three defendant Oppo companies. However, the dispute between the parties could gather further momentum in the coming weeks.

From 7 to 9 October, the UPC local division Mannheim will hear the case concerning EP 2 568 724. The court has reserved 10 October as an optional additional hearing day. The patent also protects a radio communication device and method.

An interesting aspect of this hearing will be whether and how the UPC deals with the FRAND amount. Oppo has filed a counterclaim for FRAND determination and it is currently unclear whether the Mannheim local division will accept and comment on this matter.

Willingness to determine FRAND

The UK High Court, on the other hand, has already expressed its willingness to set a FRAND rate. Judge Richard Meade wrote a letter in which he promised a FRAND ruling by the end of this year in the dispute between Panasonic and Oppo.

Some trial observers have interpreted this letter as a request to the UPC and national German courts that they refrain from a decision until the UK court has ruled. However, the Munich Regional Court did not and observers eagerly await the trial in Mannheim in two weeks’ time.

Following this, the German regional courts will continue. Munich Regional Court has scheduled the hearing against Xiaomi for 11 October. A week later on 18 October the parties will meet again at Mannheim Regional Court.

There could then be a decision from the local division Mannheim as early as November, in accordance with UPC deadlines.

Judges Georg Werner, Hubertus Schacht and Julia Seiler-Bohn heard the case at the end of June.

Panasonic is relying on a team from the Düsseldorf patent litigation boutique Kather Augenstein for the entire series of proceedings. Christopher Weber and Christof Augenstein are leading the lawsuits.

Oppo is working with Clifford Chance in national and UPC litigation, namely lawyers Tobias Hessel and Stefan Richter. A patent attorney team led by Frederick Kramer of Maikowski & Ninnemann is advising on the technical issues in the German proceedings. (Co-Author: Mathieu Klos)