European UPC IP Litigation
1,878 annotated decisions
Page 57 of 79 · 1,878 total
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
Procedural order in a patent infringement action concerning European patent EP 3669828 before the Local Division Munich. The court granted both parties' Rule 263 requests to add Romania (which acceded to the Unitary Patent system on 1 September 2024) to the infringement action and counterclaim for revocation, and granted the claimant's request to amend its information request to require purchase documents. The court set the dispute value at €16 million, scheduled the oral hearing for 11 February 2025, and rejected requests for party and court experts.
President and Fellows of Harvard College v.Respondent
This case concerns a patent infringement action (UPC_CFI_22/2023) involving European Patent EP4108782, owned by President and Fellows of Harvard College, against Vizgen, Inc. The dispute centers on Plaintiff Harvard's third request to amend the patent, filed on October 25, 2024, which was rejected by the Rapporteur's order of November 8, 2024. The Local Chamber Hamburg reviewed the order under Rule 333.1 RoP and confirmed the rejection, holding that approximately three months between the alleged reason for the amendment and the filing of the request was too long under Rule 30.2 RoP.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company, Amgen N.V., Amgen GmbH, Amgen AB, Amgen S.A.S., Amgen s.r.l., Amgen Biofarmacêutica Lda., Amgen Zdravila D.O.O.
Alexion Pharmaceuticals, the proprietor of European Patent 3 167 888 B1 relating to the antibody eculizumab for treating paroxysmal nocturnal hemoglobinuria, sought provisional measures against Amgen, which markets BEKEMV®, a biosimilar of Soliris®. The Court of First Instance (Hamburg Local Division) dismissed Alexion's application, and Alexion appealed. The Court of Appeal rejected the appeal, holding that the patent's SEQ ID NO:4 sequence must be interpreted as including 22 extra amino acids at the N-terminus, and that Alexion had failed to demonstrate with sufficient certainty that the skilled person would correct this as an error, rendering the patent claim more likely than not insufficiently disclosed under Art. 83 EPC.
Sumi Agro Limited; Sumi Agro Europe Limited v.Syngenta Limited
This appeal concerns a challenge by Sumi Agro against an order of the Local Division Munich that granted provisional measures against Sumi Agro in relation to European Patent EP 2 152 073. Sumi Agro submitted new facts and evidence in the appeal proceedings, and Syngenta objected to the admission of certain evidence while also seeking to introduce its own new evidence. The Court of Appeal disregarded Exhibit SA17 because Sumi Agro had previously submitted other pages from the same publication before the Court of First Instance, but admitted evidence relating to a possible new version of the contested embodiment (Kagura 2024) following the alleged infringer's statements about a product ingredient change.
HGSystem ApS, Rune Eilertsen, Infotech Holding ApS, Infotech Concept ApS, HGSystem Holding ApS v.Respondent
This case concerned a review of an ex parte evidence preservation order issued by the Local Division in Copenhagen in relation to European Patent No. 4 238 202 B1. Hybridgenerator ApS, the requesting party, sought confirmation of the order, while HGSystem ApS, HGSystem Holding ApS, Infotech Concept ApS, and Infotech Holding ApS sought its revocation or modification. The court conducted a review hearing on November 28, 2024, and issued its ruling on December 19, 2024.
LAMA FRANCE v.Respondent
Division locale de Paris UPC_CFI_358/2023 Ordonnance du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 19/12/2024 REQUÉRANT LAMA FRANCE 241 Rue du Companet 69140 - Rillieux-la-Pape - FR Représenté par Henri BOURGEOIS DEFENDEUR HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P 10
Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc. v.Roche Diabetes Care GmbH
This is a revocation action filed by Tandem Diabetes Care entities against Roche Diabetes Care GmbH concerning European patent EP 2 196 231 B1, which relates to a system for ambulatory drug infusion. The claimants sought full revocation of the patent on grounds of added matter, lack of novelty over WO 2007/077255 A2 (Glejboel), and lack of inventive step starting from US 2002/0120236 (Diaz) or Glejboel combined with Diaz and/or US 6,516,950 (Robertson). The defendant raised a preliminary objection under Rules 19(1)(b) and 48 of the Rules of Procedure. The Court held that breach of a standstill clause does not divest the breaching party of the right to bring an action where the temporal restriction is not justified by public interest, though it may give rise to contractual liability.
Yves Prevoo, Easee Holding B.V., Easee B.V. v.Visibly Inc.
Visibly Inc., proprietor of European patent EP 3 918 974 concerning a method and system for determining corrective lens prescriptions, brought an infringement action against Easee B.V., its managing director Yves Prevoo, and Easee Holding B.V. concerning an online vision test offered via a software application. The defendants raised a preliminary objection under Rule 19 RoP challenging the court's jurisdiction over the personal liability claim against the individual director. The Hamburg Local Chamber held that an alleged patent infringement constitutes a tort within the meaning of Article 7(2) of the Brussels I recast Regulation, and that the UPC therefore has jurisdiction over director liability claims under Article 32 UPCA.
Amycel LLC v.***
1 Intern gebruik The Hague - Local Division UPC_CFI_499/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 19/12/2024 regarding R.275 RoP APPLICANT Amycel LLC 260 Westgate Drive - 95076 - Watsonville, California - US Represented by H
Huawei Technologies Co. Ltd v.Netgear Inc., Netgear International Limited, NETGEAR Deutschland GmbH
This case before the Local Chamber Munich concerned an infringement action brought by Huawei Technologies Co. Ltd against Netgear Deutschland GmbH, Netgear Inc., and Netgear International Limited regarding European Patent No. 3 611 989. The decision sets out guiding principles on several procedural and substantive issues, including the formal requirements for withdrawing from the opt-out under Rule 5.7 of the Rules of Procedure, the treatment of exhaustion defenses in infringement proceedings, and the FRAND-related defenses arising from the CJEU's Huawei v. ZTE ruling and IEEE Letters of Assurance. The court clarified that a patent holder who has made multiple acceptable licensing offers (such as a bilateral portfolio license and a pool license) cannot have its infringement action dismissed if at least one offer meets FRAND requirements.
NanoString Technologies Europe Limited v.Respondent
This order concerns an application by NanoString Technologies Europe Limited (the Claimant in a revocation action regarding EP 2 794 928 B1) for the release of a security for legal costs previously imposed under Rule 158 of the Rules of Procedure. The security of EUR 300,000 had been ordered on 30 October 2023 due to concerns about the Claimant's financial position and its close ties to its then-parent company. Following a restructuring under Chapter 11 of the US Bankruptcy Code and the Claimant's transfer to Bruker Spatial Biology, Inc., the Claimant sought release of the security on the grounds that the reasons for imposing it had ceased to exist.
Curio Bioscience, Inc v.10x Genomics, Inc.
Curio Bioscience filed an application for suspensive effect under Rule 223.4 RoP seeking to stay an order from the Düsseldorf Local Division requiring it to provide EUR 200,000 in security for legal costs. The Court of Appeal dismissed the application, finding that Curio had not established the extreme urgency required under Rule 223.4 RoP, as it had merely claimed it would be forced to comply with a manifestly wrong order or face a default judgment.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order concerns a patent infringement dispute between Oerlikon Textile GmbH & Co KG and Himson Engineering Private Limited regarding European Patent EP2145848. The proceedings originated from an ex parte evidence preservation order obtained by Oerlikon in June 2023 in connection with the ITMA trade fair held in Rho, Milan. Himson filed a counterclaim for revocation challenging the patent's validity on grounds of added matter, novelty, and inventive step, while Oerlikon introduced seven auxiliary requests. The order addresses procedural matters discussed at the interim conference, including settlement prospects, translation corrections, and the scope of the validity attack.
Koninklijke Philips N.V. v.Respondent
This order concerns enforcement proceedings following a main decision of September 13, 2024, in which the Local Chamber Munich found the Belkin defendants liable for patent infringement of EP 2 867 997 B1 and ordered them to provide information under Article 67 EPGÜ. The court addressed two key issues: whether the claimant's request for information in electronic form was sufficiently specific, and the nature of coercive penalties under Article 82 EPGÜ. The court held that electronic form must be specifically requested, and that coercive penalties serve both coercive and punitive functions.
ICPillar LLC v.Respondent
1 Paris Local Division UPC_CFI_495/2023 Decision of the Court of First Instance of the Unified Patent Court issued on 13/12/2024 APPLICANT in App_61630/2024 – RESPONDENT in App_62436/2024 ICPillar LLC 4265 San Felipe Street, Suite 1100 77027 - Houston, Texas – US Represented by Lionel Martin RESPOND
Hand Held Products, Inc. v.Scandit AG
This is a procedural order issued by the Local Chamber Hamburg concerning a patent infringement action regarding EP 3 764 271. The plaintiff Hand Held Products, Inc. filed suit on November 6, 2024, alleging infringement by the defendant Scandit AG, which is based in Switzerland. The order resolves a discrepancy between the actual date of service (November 20, 2024) and the date automatically recorded in the Case Management System (November 23, 2024), which was based on an inapplicable service fiction under Rule 271.6 of the Rules of Procedure.
Valeo Electrification v.Respondent
This is a procedural order from the Düsseldorf Local Division concerning European Patent EP 3 320 602 B1, involving an infringement action and counterclaim for revocation. The Claimant (Valeo Electrification) requested an extension of time limits for filing its Reply to the Statement of Defence and Defence to the Counterclaim for Revocation. The Court harmonised the time limits and set the deadline at 14 January 2025, but rejected the request for any further extension beyond the statutory period.
Microsoft Corporation v.Respondent
This order concerns Microsoft Corporation's request for leave to appeal a prior order (ORD_62739/2024) that granted the respondent Suinno Mobile & AI Technologies Licensing Oy leave to reduce its damages claim to €2 million in an infringement action concerning European patent EP 2 671 173. Microsoft argued that leave to appeal would clarify the scope and limits of the Court's powers in interpreting a party's request under Article 76(1) UPCA and the admissible scope of an application under Rule 263 RoP. The Court addressed the legal framework for granting leave to appeal, noting it is an exception to the general principle that interlocutory orders may only be reviewed together with the appeal against the final decision.
Syngenta Limited v.Sumi Agro Limited, Sumi Agro Europe Limited
Syngenta Limited sought to revoke a preliminary measures order (ORD 47657/2024) against Sumi Agro Limited and Sumi Agro Europe Limited, arguing that the underlying main proceedings on the merits were not timely started within the non-extendable deadlines under Rule 213.1 RoP. The Local Division Munich dismissed the application, holding that the proceedings were validly started when the Statement of Claim was uploaded to the CMS on 27 September 2024, and that Rule 15(2) RoP does not require court fees to have been physically received by the Court before the deadline expires.
VAB-LOGISTIK, UAB, MERIL LIFE SCIENCES PVT LIMITED, MERIL GMBH, SMIS INTERNATIONAL OÜ, INTERLUX, UAB, SORMEDICA, UAB v.Respondent
This procedural order from the Unified Patent Court concerns an infringement action by Edwards Lifesciences Corporation against several Meril entities and related companies regarding EP3769722. The Defendants requested a stay of proceedings pending the European Patent Office Opposition Division's decision on the patent's validity. After the Court of Appeal set aside an earlier order dismissing the stay request, the Court of First Instance again dismissed the stay request and decided to proceed with the oral hearing as planned on 16 January 2025.
Magna International France, SARL, Magna PT s.r.o., Magna PT B.V. & Co. KG v.Valeo Electrification
This case concerns an application for suspensive effect filed by Magna against a preliminary injunction issued by the Düsseldorf Local Division in proceedings involving EP 3 320 602. The Court of First Instance had exempted Magna's supply obligations for five BMW models but omitted the BMW 2 Series Gran Coupé (F74) from the exemption list. The Court of Appeal found that Magna had clearly identified the 2 Series Gran Coupé in its submissions and that the CFI should have included it in the exemption, ordering the injunction's effect suspended as to that model until the appeal is decided.
Hand Held Products, Inc. v.Respondent
Hand Held Products, Inc. filed an application under Rule 109 of the Rules of Procedure requesting simultaneous interpretation from German into English for the oral hearing scheduled for January 9, 2025, in proceedings concerning EP 3 866 051. The Court of Appeal rejected the main request for court-funded interpretation, holding that the mere fact that internal employees of Hand Held Products who do not speak German would attend the hearing did not justify ordering such measures, particularly since Hand Held Products had voluntarily chosen German as the procedural language. The subsidiary request for interpretation arrangements at the applicant's own cost was addressed under Rule 109.4 of the Rules of Procedure.
Dolby International AB v.Respondent
This case concerns European Patent No. EP 3 490 258 B1 and was decided by the Local Chamber Düsseldorf on December 11, 2024. The plaintiff, Dolby International AB, brought the action against fifteen HP entities across Europe, with Access Advance LLC intervening in support of the plaintiff. The decision was rendered by a panel consisting of Presiding Judge Thomas as rapporteur, legally qualified judges Dr. Thom and Brinkman, and technically qualified judge Augarde.
DexCom, Inc. v.Abbott Diagnostics GmbH, Abbott Diabetes Care Inc., Abbott Laboratories, Abbott Gesellschaft m.b.H., Abbott GmbH, Abbott Scandinavia Aktiebolag, Newyu,Inc., Abbott B.V., Abbott, Abbott S.r.l., Abbott Laboratories A/S, Abbott France, Abbott Logistics
1. The order pursuant to Rule 36 RoP issued by the judge-rapporteur relates to adding some argu- ments to the debate related to some specific terms regarding claim interpretation, but it did not authorise the defendant to raise a new ground for revocation. The UPC procedure is a front-loaded system and the Court finds no legitimate reason for the defendant, which had already stated its own claim interpretation in its Statement of Defence and counterclaim, to raise a new ground for revocation at