European UPC IP Litigation
1,592 annotated decisions
Page 49 of 67 · 1,592 total
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This UPC decision addresses a request for confidentiality protection regarding sensitive recipe information in an ongoing infringement case. The court balanced the need for trade secret protection against the parties' right to conduct their defense. Ultimately, while granting strict confidentiality measures, the Court rejected the respondent's attempt to severely restrict access, allowing all named claimants to view the protected documents.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.LAMA FRANCE
This UPC decision addressed a complex infringement and nullity action concerning compatible printer cartridges. The court affirmed the scope of direct infringement under Article 25 AJUB, ruling that prior knowledge by the defendant is not a prerequisite for establishing infringement. While the claimant sought broad remedies including injunctions and damages, the final judgment focused on compelling information disclosure to facilitate damage calculation, while rejecting provisional payment requests.
AIM Sport Development AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
This UPC Court of Appeal decision clarifies a critical point regarding the transitional regime: whether prior national court proceedings can block an opt-out withdrawal. The Court held that only actions brought during the transitional period count against the ability to withdraw, thereby validating AIM's attempt to re-enter the UPC system for its patent. This ruling significantly eases the burden on patentees seeking to utilize the UPC after having previously engaged with national courts.
Headwater Research LLC v.Samsung Electronics GmbH, Samsung Electronics Co. Ltd., Samsung Electronics France S.A.S
Headwater Research LLC initiated an infringement action against Samsung Electronics entities before the UPC. This preliminary order addresses procedural matters, specifically concerning the production of evidence (RoP190). The case remains in the early stages of litigation as the court manages the discovery process.
AIM Sport Development AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
This UPC Court of Appeal decision clarifies a critical point regarding the transitional regime: whether prior national court proceedings can block an effective withdrawal of an opt-out. The Court held that Art. 83(4) UPCA only restricts actions brought during the transitional period, meaning pre-transitional litigation does not invalidate a subsequent opt-out withdrawal. This ruling provides significant clarity and relief for patent holders seeking to utilize the UPC system after initially opting out.
Cardo Systems, Ltd. v.Shenzhen Asmax Infinite Technology Co., Ltd. And Hong Kong Yiheng International Technology Co. Limited
Cardo Systems successfully obtained a provisional injunction against Shenzhen Asmax and Hong Kong Yiheng International Technology Co. Limited regarding the patented fastening device EP 4 240 194. The Court granted the preliminary measure without hearing the defendants, immediately halting their ability to market or use the infringing product across UPC member states. This decision highlights the speed and effectiveness of provisional measures within the Unified Patent Court system for protecting IP rights.
Pirelli Tyre S.p.A. v.Sichuan Yuanxing Rubber Co., Ltd.
Pirelli Tyre sought provisional measures against Sichuan Yuanxing Rubber Co., Ltd. and CCPIT ahead of a major trade show, alleging that the respondent was selling infringing motorcycle tyres. The UPC Court of First Instance granted seizure and delivery of the contested products and promotional material to prevent further commercialization during the event. This decision allows Pirelli to secure evidence while reserving the final determination of infringement for the merits phase.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
NJOY Netherlands B.V. initiated a revocation action against Juul Labs, Inc., challenging the validity of EP 3 504 991 B1, which covers vaporization device cartridges. The UPC Central Division ultimately dismissed the revocation action, upholding the patent's validity. The decision reinforced fundamental principles of European patent law, particularly stressing that inventive step must be assessed objectively by a person skilled in the art, independent of the parties' subjective views.
Pirelli Tyre S.p.A. v.Tianjin Kingtyre Group Co., Ltd. and Kingtyre Deutschland GmbH
In a critical case concerning motorcycle tires, Pirelli Tyre successfully obtained provisional measures from the UPC Local Division in Milan against Tianjin Kingtyre and Kingtyre Deutschland. Facing an imminent trade fair where infringing products were set to be displayed, Pirelli secured an order for the seizure and delivery of contested goods. This ruling underscores the UPC's ability to provide rapid interim relief in complex infringement cases while maintaining procedural safeguards.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In a significant revocation action, the UPC Central Division revoked European Patent EP 3 498 115 B1 concerning vaporization device systems (aerosol cartridges). The decision not only resulted in the complete invalidation of the patent across multiple UPCA territories but also provided important procedural guidance on how courts handle applications to amend patents during revocation proceedings. This case underscores the UPC's power to enforce validity challenges while managing complex technical and legal submissions.
ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v.Healios K.K, Riken, Osaka University
This UPC decision addressed an application for access to confidential documents within a revocation action (UPC 75/2023). The Applicant, Mathys & Squire LLP, sought unredacted versions of pleadings related to the Claimant's product valuation. The Court ruled in favor of the Applicant, finding that the Claimant failed to provide legitimate reasons to maintain confidentiality regarding the specific information. This decision reinforces the principle that public access is the default unless a party can clearly demonstrate a compelling need for secrecy.
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
Oerlikon Textile successfully sued Bhagat Textile Engineers for infringing its patent covering a false twist texturing machine. The Milan Local Division found infringement and issued an injunction prohibiting the sale and promotion of the infringing machine in Italy and Germany. Furthermore, the court imposed a penalty of 12,000 Euro per violation episode and awarded Oerlikon interim damages of 15,000 Euro.
10x Genomics, Inc. v.Vizgen, Inc.
This UPC decision addresses a motion for discovery/document production (Verfahrensanordnung) in an infringement case involving 10x Genomics and Vizgen regarding EP4108782. The court ordered the exchange of numerous documents, including deposition transcripts from both sides, which originated from parallel US litigation. A key aspect of the ruling is the imposition of strict confidentiality protocols ('Outside Attorneys’ Eyes Only') on all disclosed materials to protect sensitive business information.
Scandit AG v.Hand Held Products, Inc.
This UPC appellate decision addressed a procedural motion filed by Scandit AG seeking permission to submit a reply brief in an ongoing infringement appeal against Hand Held Products, Inc. The court ultimately denied the request, reinforcing strict adherence to the rules governing written submissions in the appellate phase. The ruling underscores the importance of 'front-loaded' arguments and efficiency in UPC proceedings, preventing parties from introducing new substantive points late in the process.
Valeo Electrification v.Magna PT B.V. & Co. KG; Magna PT s.r.o.; Magna International France, SARL
In this provisional measures case, Valeo Electrification sought an injunction against Magna entities regarding the rotary electric machine patent EP 3 320 602 B1. The UPC Local Division in Düsseldorf partially granted the application, allowing the defendants to continue their existing supply obligations to BMW provided they furnish a security deposit of EUR 500,000 by November 21, 2024. This decision highlights the court's balancing act between protecting the patent holder's rights and ensuring business continuity for the defendant.
Valeo Electrification v.Magna PT s.r.o., Magna PT B.V. & Co. KG, Magna International France, SARL
In this provisional measures case concerning an automotive motor patent (EP 3 320 604 B1), the UPC Local Division granted a preliminary injunction to Valeo Electrification against Magna PT and its affiliates. The injunction was conditional, allowing the Defendants to continue supplying specific models to their customer BMW if they provided a security deposit of €500,000. This decision highlights the court's pragmatic approach in balancing patent holder rights with the operational needs of defendants facing existing supply chain commitments.
SodaStream Industries Ltd. v.Aarke AB
In a significant ruling for the carbonation device market, the UPC Local Division in Düsseldorf found that SodaStream Industries Ltd. successfully proved infringement against Aarke AB regarding their respective carbonator products. The court granted an interim damages award of EUR 250,000 and issued a cease and desist order based on Claim 1 of EP 1 793 917. This decision reinforces the importance of precise claim construction under Art. 69 EPC while providing immediate relief to the patent holder.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
In this procedural order, the UPC Local Division in Düsseldorf addressed a request by Fujifilm Corporation to submit further written observations regarding the private prior use defense raised by Kodak entities. The Court ultimately rejected the request, citing concerns over unnecessary delay and the timing of the submission relative to other proceedings. This decision reinforces the strict procedural requirements within the UPC, emphasizing that requests for additional pleadings must be carefully weighed against the overall efficiency and timeline of the litigation.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG; Mammut Sports Group GmbH
In this UPC case concerning EP 3 466 498 B1, Ortovox Sportartikel GmbH sought permission to introduce new evidence regarding the respondent's offering of a 'Barryvox S' device with voice control. The court ultimately rejected this request. While existing interim measures protect against infringement by the 'Barryvox S2', the introduction of the 'Barryvox S' requires careful procedural handling, balancing the claimant's need for information against the respondents' right to be heard within the limited time frame.
TEXPORT Handelsgesellschaft mbH v.Sioen NV
This UPC Order sets the stage for an infringement case concerning textile structures (EP2186428). The Court closed the written phase and scheduled a detailed oral hearing in Stockholm. A key procedural victory for the Claimant was the rejection of the Defendant's motions to exclude crucial evidence, affirming that reactive arguments are admissible in litigation.
TEXPORT Handelsgesellschaft mbH v.Sioen NV
This UPC CFI order addressed a preliminary objection raised by Sioen NV, challenging the jurisdiction of the Unified Patent Court over infringement proceedings concerning EP2186428. Sioen argued that parallel national court actions, including revocation and non-infringement claims in Belgium, required the UPC to decline jurisdiction under Brussels I Regulation rules. The Court rejected these arguments, finding no sufficient grounds to stay or dismiss the case. This decision reinforces the UPC's competence in handling infringement cases even when related validity challenges are pending nationally.
Koninklijke Philips N.V. v.Belkin Limited, Belkin GmbH, Belkin International, Inc.
This UPC appellate decision addressed a request for provisional measures concerning an infringement case involving Philips and Belkin regarding inductive power transfer technology (EP 2 867 997). The court ruled on the conditions necessary to grant a stay of execution, emphasizing that the application must be self-sufficient for preliminary review. Crucially, the decision also clarified the legal limitations on holding company directors liable as secondary infringers under EPC Article 63, while ultimately granting the stay against specific individuals.
Dolby International AB v.HP Deutschland GmbH, HP Inc., HP International SARL, HP Austria GmbH, HP France SAS, HP Belgium SPRL, HP Inc Danmark ApS, HP Finland Oy, HP Italy S.r.l., Hewlett-Packard Nederland BV, HP PPS Sverige AB, HPCP – Computing and Printing Portugal, Hewlett-Packard d.o.o., Hewlett-Packard Luxembourg SCA, HP Inc Bulgaria EOOD
In a procedural order, the Düsseldorf Local Division of the UPC suspended the complex infringement and revocation proceedings involving Dolby International AB against various HP entities regarding EP 3 490 258 B1. The suspension was granted upon the mutual request of all parties involved in the litigation. This decision highlights how parties can utilize procedural mechanisms within the UPC to pause active disputes, potentially allowing for strategic reassessment or negotiation before a full hearing.
Cretes NV v.Hyler BV
In a procedural decision, the UPC Local Division (Brussels) consolidated an infringement action brought by Cretes NV against Hyler BV with Hyler's counterclaim for patent invalidity. The court ruled that joint treatment of these proceedings is necessary to enhance efficiency and ensure consistent interpretation of the patents by the same judicial panel. This order sets the stage for the substantive hearing, where both infringement and validity will be examined simultaneously.