Hewlett-Packard Development Company v Andreas Rentmeister & Anor (UPC_CFI_515/2025)
Decision date:
11 November 2025
Osborne Clarke summary
- HP sought a preliminary injunction and further provisional measures against two defendants, for alleged patent infringement, concerning its patent for electronic circuitry used in printer ink cartridges. A decision relating to the first defendant, who was based in Germany, was given by the Düsseldorf LD in October 2025. Service out of the jurisdiction on the second defendant, Shenzhen Moan Technology, a Chinese company, had not been completed by the date of that earlier decision.
- Service of the application on the second defendant had been initiated via the official online portal of the Central Authority of China on 18 June 2025. The documents were then forwarded to the Supreme People's Court for further processing the following day. No further processing by the Chinese authorities could then be detected on the online portal.
- HP sought voluntary acceptance of service by the second defendant by mid-September 2025, which was unsuccessful.
- HP asked the Düsseldorf LD to rule that the steps already taken constituted "good service" under Rule 275.2 RoP.
- The court held that although Rule 275.2 RoP refers to service of a statement of claim, its "good service" mechanism must apply to urgent preliminary injunction applications. The court had exhausted all formal service routes under Rules 270-274 RoP and complied with the formal requirements set out in the Hague Convention.
- Given the elapsed time, failed attempts to contact the Chinese authorities and the defendant, and the lack of alternative service options, the court ordered that the steps already taken constitute good service. Service was deemed to be effective as of the date of the order.
- An earlier decision from the Düsseldorf LD in relation to a similar application made by HP in another dispute can be found here.
Issue
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