European UPC IP Litigation
1,592 annotated decisions
Page 47 of 67 · 1,592 total
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
In this UPC case concerning an application for preliminary measures, the Court addressed a critical procedural hurdle: service of documents on a defendant domiciled in China. Despite extensive efforts—including formal and informal attempts under the Hague Service Convention—the court found that traditional service methods had failed to yield a certificate of delivery. The judge ruled that these unsuccessful steps constituted 'good service' under Rule 275.2 RoP, effectively allowing the proceedings to move forward despite the lack of confirmed receipt by the defendant.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural issue: establishing 'good service' when serving documents internationally, specifically in China. The applicant sought confirmation that the extensive attempts to serve the preliminary measures application constituted valid notification despite the lack of formal delivery certificates. The Court granted this request, effectively deeming the steps taken as good service under Rule 275.2 RoP. This ruling provides significant procedural relief for applicants facing protracted international service challenges.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural issue concerning service of documents in cross-border litigation, specifically involving China. The applicant sought confirmation that the extensive efforts made to serve the preliminary measures application constituted 'good service' despite the failure of formal and informal methods under the Hague Service Convention. The Court granted this request, effectively validating the steps taken by the registry. This ruling provides significant procedural relief for applicants facing intractable service issues in foreign jurisdictions.
Avago Technologies International Sales Pte. Limited v.Realtek Semiconductor Corporation
This UPC case involved Avago seeking provisional measures to halt Realtek's US litigation and the enforcement of German injunctions, arguing that these actions violated fundamental European justice rights. The court initially considered the request but later issued a correction to its order. Crucially, the final ruling allowed the US-based legal proceedings to continue regarding claims other than those related to the alleged license breach, keeping the matter pending.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a request for security of legal costs, the UPC Local Division in Düsseldorf ordered Curio Bioscience Inc. to provide EUR 200,000 in security to 10x Genomics, Inc. The case centered on whether a claimant could successfully petition for cost security against a defendant under the UPCA framework. The Court ultimately ruled in favor of 10x Genomics, acknowledging the voluntary nature of litigation while balancing this with procedural fairness.
Pfizer Inc v.GlaxoSmithKline Biologicals SA
In a procedural order, the UPC Central Division rejected GlaxoSmithKline's preliminary objection challenging its competence to hear the revocation action against Pfizer regarding EP4183412. Glaxo argued that a parallel infringement suit before the Düsseldorf Local Division conflicted with procedural economy principles. The Court ruled in favor of Pfizer, affirming the Milan Central Division's jurisdiction and allowing the revocation proceedings to continue. This decision clarifies the scope of competence under the UPC when multiple actions concerning the same patent are pending across different divisions.
SharkNinja Europe Limited v.Dyson Technology Limited
In a significant decision regarding provisional measures, the UPC Court of Appeal rejected Dyson's request for an injunction against SharkNinja concerning EP 2 043 492. The court found that the probability of infringement was not overwhelmingly high, particularly regarding the cyclonic separating apparatus feature (1.3). This ruling underscores the high evidentiary threshold required to obtain provisional relief in UPC proceedings.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This procedural order in a UPC infringement case involving Heraeus Electronics and Vibrantz addresses complex requests for expanding the scope of claims, particularly concerning Romania's accession to the UPC. The court proposed a unified approach to allow all parties' amendments to proceed, thereby streamlining the litigation process. This decision highlights the Court's focus on procedural fairness and efficiency when dealing with evolving jurisdictional scopes.
Aarke AB v.SodaStream Industries Ltd.
This UPC Court of Appeal decision clarifies the strict criteria for granting security for costs under R.158 RoP, particularly when enforcement involves foreign jurisdictions like Israel. The court emphasized that a claimant's status as an SME or the defendant's affiliation with a financially sound group is irrelevant; only the defendant's individual financial capacity and the practical enforceability of a cost order matter. Aarke's appeal was rejected because it failed to provide sufficient evidence demonstrating that enforcement in Israel would be unduly burdensome.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
In this procedural order, the UPC addressed a request from Fujifilm Corporation for simultaneous interpretation during oral proceedings, citing concerns over language barriers. The court acknowledged that providing interpretation was necessary to uphold the principle of fair trial and equality of arms. However, it firmly rejected the claim that these costs should be covered by the Court, stating that while the Claimant could hire an interpreter at its own expense, the UPC cannot generally provide services in all languages.
NJOY Netherlands B.V. v.VMR Products LLC
In a significant revocation action concerning electronic vapour products, the UPC Central Division dismissed NJOY Netherlands B.V.'s challenge against VMR Products LLC's patent (EP 2 875 740 B1). The Claimant argued that the patent lacked inventive step, but the Court ruled that the alleged lack of inventiveness was not substantiated by the prior art cited. This decision reinforces the robustness of certain technical innovations within the vaping market and serves as a strong defense for patentees against validity challenges.
FUJIFILM Corporation v.Kodak GmbH
In this procedural order, the UPC Local Division in Düsseldorf addressed a request for further submissions in an ongoing infringement action concerning EP 3 594 009 B1. The Court ruled that because the Defendants failed to provide a reasoned request under Rule 36 RoP, their recent written brief would be disregarded. This decision keeps the case moving forward procedurally while deferring judgment on the merits of the patent infringement claim.
Valeo Electrification v.Magna International France SARL, Magna PT B.V. & Co. KG, Magna PT s.r.o.
This procedural order from the Düsseldorf Local Division addresses the protection of confidential information within a running infringement case (UPC_CFI_460/2024). The Court granted the Claimant's request to classify specific exhibits from the Defendants' Statement of Defence as confidential. This ruling is crucial for managing sensitive trade secrets in parallel proceedings, allowing litigation to proceed while maintaining strict control over proprietary data.
Appellant v.Amycel LLC
This UPC Court of Appeal decision addressed an appeal challenging a provisional measures order, but ultimately focused on procedural compliance regarding court fees. The Appellant failed to pay the required remainder and penalty fees after being ordered to provide evidence of his small enterprise status. Consequently, the Court issued a decision by default against the Appellant, dismissing the appeal. This case highlights the strict adherence UPC courts maintain to procedural deadlines and financial obligations.
TOTAL SEMICONDUCTOR, LLC v.Texas Instruments Deutschland GmbH; Texas Instruments EMEA Sales GmbH
This UPC Court of Appeal decision addressed a procedural challenge regarding the scope of judicial competence, specifically whether a judge-rapporteur can unilaterally impose security for costs and deny leave to appeal. The court ruled that while case management orders are generally not directly appealable, the underlying issue raised an important access to justice question about judicial authority. By allowing limited leave to appeal on this procedural point, the Court ensured that fundamental questions of procedure could be addressed by a panel.
NJOY Netherlands B.V. v.VMR Products LLC
In a significant revocation action, NJOY Netherlands B.V. successfully challenged VMR Products LLC's patent EP 3 456 214, which covers electronic vaporizers/e-cigarettes. The UPC Central Division found that the patent lacked inventive step and ordered its complete revocation across all relevant territories. This decision underscores the importance of strict adherence to procedural rules regarding amendments and evidence in complex validity challenges before the Unified Patent Court.
Oerlikon Textile GmbH &CO KK v.Himson Engineering Private Limited
This procedural order in the UPC case UPC_CFI_240/2023 involves Oerlikon Textile GmbH &CO KK (Claimant) against Himson Engineering Private Limited (Respondent) regarding patent EP2145848. The court addressed a scheduling conflict raised by the defendant and subsequently issued an order to postpone the Interim Conference. This highlights the UPC's procedural flexibility in managing complex litigation schedules.
GXD-Bio Corporation v.Myriad International GmbH, Myriad GmbH, Myriad Service GmbH, Myriad Genetics GmbH, Myriad Genetics S.A.S., Myriad Genetics B.V., Myriad Genetics S.r.l., Myriad Genetics Inc., Eurobio Scientific
In this procedural order concerning an infringement action, the UPC Court mandated that the Claimant, GXD-Bio Corporation, provide security for legal costs to the Defendants. The Defendants successfully argued that the Claimant's financial standing raised legitimate concerns about cost recovery. Although the initial request was for a default judgment upon failure to comply, the Court granted a seven-week extension until January 15, 2025, allowing the Claimant time to arrange the necessary deposit.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This UPC decision addressed an application by Suinno Mobile & AI Technologies Licensing Oy seeking leave to reduce the damages claimed in an infringement action against Microsoft Corporation. The court ruled that limiting a claim, such as reducing the monetary value of damages, falls under Rule 263(3) and must be granted if properly explained. This reinforces the principle that procedural efficiency allows for necessary adjustments to claims during litigation, provided they are adequately justified.
C-KORE SYSTEMS LIMITED v.NOVAWELL
This procedural order sets the stage for a complex infringement dispute between C-KORE SYSTEMS LIMITED and NOVAWELL concerning patent EP2265793. The Court addressed several preliminary motions, dismissing requests for additional witnesses or language changes, while formally defining the scope of the upcoming oral hearing. Crucially, the Judge-Rapporteur established the value of the case at EUR 1 million, paving the way for a detailed examination of patent validity and infringement.
DexCom, Inc. v.Abbott Logistics B.V.
In this procedural order, DexCom sought to introduce a decision from the Munich Regional Court concerning its parent patent (EP'158) into the ongoing UPC infringement action regarding EP'282. While the UPC acknowledged that case management powers are available at late stages, the court ultimately dismissed DexCom's application. The ruling emphasized that merely referencing related proceedings is insufficient; the external decision must be directly relevant to the patent in suit and its validity on the merits.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
In this procedural order (UPC_CFI_240/2023), Oerlikon Textile GmbH & CO KG addressed its infringement claim against Himson Engineering Private Limited regarding patent EP2145848. The court focused heavily on case management, defining the scope of evidence and arguments for the upcoming oral hearing. Key issues included Himson's counterclaim for revocation, Oerlikon's auxiliary requests, and the admissibility of video and testimonial evidence. Due to a general strike in Italy, the interim conference was postponed.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
This procedural order from the Düsseldorf Local Division addresses an application by Fujifilm Corporation seeking to overturn a previous decision that denied them permission for a further written submission. The dispute centered on the right of prior use defense raised by Kodak entities. The UPC Panel dismissed the request, emphasizing that strict adherence to procedural timelines is crucial in complex patent litigation. This ruling reinforces the principle that parties must manage their filing deadlines carefully to avoid unnecessary delays in proceedings.
Häfele SE & Co KG v.Kunststoff KG Nehl & Co
In this UPC case concerning a cabinet levelling apparatus, Häfele SE & Co KG sought provisional measures against Kunststoff KG Nehl & Co. The court ultimately denied the request for an injunction, citing that doubts regarding the patent's legal basis could weigh against granting such relief. Despite denying the immediate measure, the court set the disputed value of the patent at EUR 500,000, providing a clear financial benchmark for future proceedings.