European UPC IP Litigation
1,878 annotated decisions
Page 67 of 79 · 1,878 total
DexCom Inc. v.Abbott Scandinavia Aktiebolag, Abbott Diabetes Care Inc., Abbott s.r.l., Abbott GmbH, Abbott B.V., Abbott France (S.A.S.), Abbott Laboratories, Abbott Logistics B.V., Abbott (S.A./N.V.), Abbott Diagnostics GmbH
DexCom, Inc. brought an infringement action against multiple Abbott entities alleging that their FreeStyle Libre 2 glucose monitoring system infringed EP 3 797 685 B1, which relates to communication systems between a sensor electronics unit and a display device in an analyte monitoring system. The defendants filed counterclaims for revocation, and the Munich Local Division found the patent invalid for lacking an inventive step over the prior art (Berman) when supplemented with common general knowledge. The patent was revoked in its entirety, auxiliary requests were dismissed, and all infringement claims were dismissed with costs borne by the claimant.
Dolby International AB v.HPCP – Computing and Printing Portugal, Unipessoal, Lda., HP Inc., Hewlett-Packard Luxembourg SCA, HP Finland Oy, HP Inc Bulgaria EOOD (Ейч Пи Инк България ЕООД), HP Austria GmbH, HP Deutschland GmbH, HP Inc Danmark ApS, Hewlett-Packard d.o.o., HP It
This procedural order concerns European Patent EP 3 490 258 B1 and addresses the treatment of an intervener (Access Advance LLC) in proceedings brought by Dolby International AB against fifteen HP entities. The court established that, unless otherwise ordered, an intervener is treated as a party under Rule 315.4 of the Rules of Procedure and may apply for protection of confidential information under Rule 262A regarding information contained in their submissions.
Alexion Pharmaceuticals, Inc. v.Respondent
The Court of Appeal of the Unified Patent Court rejected Alexion Pharmaceuticals' request for expedition of its appeal against an order of the Hamburg Local Division dismissing its application for provisional measures against Samsung Bioepis concerning EP 3167888. The court held that the circumstances were not sufficiently urgent to justify shortening the already brief 15-day time limit for the respondent's statement of response, and that Alexion's arguments about seeking patent protection quickly and the appeal involving a purely legal issue were insufficient.
BEGO Medical GmbH v.CEAD USA B.V., CEAD B.V.
This order concerns a request for confidentiality protection under Rules 262A and 262.2 of the Rules of Procedure in a nullity action regarding EP 2 681 034 B1. The defendant/applicant BEGO Medical GmbH sought access restrictions for information about its attorney costs submitted in annexes to its brief following an interim hearing under Rule 104(k). The judge-rapporteur addressed the interplay between inter-party confidentiality under Rule 262A and public access restrictions under Rule 262.2, establishing guiding principles for balancing the relevant interests.
SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. v.STRABAG Infrastructure & Safety Solutions GmbH
This procedural order concerns an intervention application filed by Chainzone Technology (Foshan) Co., Ltd. in a patent infringement action brought by SWARCO Futurit Verkehrssignalsysteme GmbH against STRABAG Infrastructure & Safety Solutions GmbH regarding European Patent EP 2 643 717 B1. The patent relates to a color and light mixing collective optic for outdoor imaging display panels. STRABAG had installed LED variable message signs supplied by Chainzone at Austrian motorway locations under a contract from ASFINAG. The court addressed the admissibility of the intervention and the question of whether the intervener could be ordered to provide security for costs.
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Regeneron Pharmaceuticals Inc., Sanofi-Aventis Groupe S.A.
Amgen Inc. brought a patent infringement action against Sanofi and Regeneron entities concerning European Patent 3,666,797 and their drug Praluent (Alirocumab). The defendants had filed revocation actions, and the Central Division revoked the patent in its entirety on 16 July 2024. Both parties agreed to stay the infringement proceedings pending the outcome of the appeal against the revocation decision, and the court granted the stay.
Mathys & Squire LLP v.Respondent
An intellectual property firm, Mathys & Squire LLP, applied under Rule 262(1)(b) of the Rules of Procedure for access to all written pleadings and evidence in proceedings concerning European patent EP 3 414 708. The respondents, BITZER Electronics A/S and Carrier Corporation, did not submit any comments. The judge-rapporteur granted the application, finding that since the proceedings had come to an end, the interests opposing publication under Article 45 UPCA were not substantial enough to override the requester's interest in accessing the documents.
BITZER Electronics A/S v.Carrier Corporation
BITZER Electronics A/S brought a revocation action against Carrier Corporation concerning European patent EP 3 414 708 B1, which relates to an apparatus and method for cold chain monitoring of perishable goods. The claimant alleged the patent was invalid due to added subject matter, insufficient disclosure, lack of novelty over several prior art documents, and lack of inventive step. The defendant filed a statement of defence along with a main request and twelve auxiliary requests to amend the patent. The court addressed procedural issues concerning the admissibility of amendments to non-attacked claims and the permissibility of new grounds for revocation raised in the reply.
Powell Gilbert LLP v.Respondent
This procedural order concerned a request by Powell Gilbert LLP, a member of the public, for access to written pleadings and evidence from prior preliminary injunction proceedings (UPC_CFI_131/2024) involving European Patent EP3831283. Abbott opposed the request, arguing that its appeal of the refused preliminary injunction meant the proceedings were still ongoing and that the integrity of the proceedings remained at issue. The Judge-Rapporteur applied the criteria from the Ocado v AutoStore decision and granted public access to the register pursuant to Rule 262.1 RoP.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
1 Local Division Munich UPC_CFI_501/2023 Order of the Court of First Instance of the Unified Patent Court delivered on 29/07/2024 Date of receipt of Statement of claim : 27/12/2023 Meril GmbH (Defendant) - Bornheimer Straße 135- 137 - 53119 - Bonn - DE Statement of claim
NEC Corporation v.TCL Industrial Holdings Co., Ltd., TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd.
NEC Corporation appealed orders of the Munich Local Division that denied its requests for alternative service of Statements of claim on three Asian TCL defendants domiciled in China and Hong Kong. The Court of Appeal held that service by email to a person not authorized to accept service, and public service by written notice displayed at the court's premises, were not permissible at this stage of the proceedings. The appeal was rejected, with the Court confirming that Hague Convention service attempts should normally be made before alternative methods of service can be employed.
Hanshow Germany GmbH, Hanshow Netherlands B.V., Hanshow France SAS, Hanshow Technology Co. Ltd v.Respondent
This order from the Court of Appeal addressed a procedural question regarding where a cost determination application (Kostenfestsetzung) must be filed when it follows an order or decision of the Court of Appeal. Both parties agreed, and the Court of Appeal confirmed, that such applications must be filed with the Court of First Instance and decided by the Rapporteur of that instance, even when the application relates exclusively or partially to the costs of the appeal proceedings. The underlying dispute concerned EP 3883277, where the Local Chamber Munich had rejected VusionGroup's application for interim measures and ordered it to bear Hanshow's costs.
Powell Gilbert LLP v.Respondent
This order concerned an application by Powell Gilbert LLP, acting as a member of the public, for public access to written pleadings and evidence lodged in proceedings involving European Patent EP 2713879, owned by Abbott Diabetes Care Inc. The main proceedings had concluded with a final order, though an appeal was pending. Applying the criteria from the Ocado v AutoStore precedent, the Judge-Rapporteur weighed the interest in public access against the protection of the integrity of the proceedings and the parties' interests, and granted the application for public access to the register under Rule 262.1 RoP.
Abbott Diabetes Care Inc. v.Respondent
This is an order from the Court of Appeal concerning Abbott Diabetes Care Inc.'s appeal against the denial of its preliminary injunction application by the UPC Local Division The Hague regarding patent EP 3 831 283. Abbott had submitted four auxiliary requests in its appeal, which the Respondents sought to have disregarded. The Court of Appeal decided to defer ruling on the allowability of the auxiliary requests to the oral hearing and granted the Respondents an extension of deadline for their Statement of response, ultimately rejecting Abbott's requests in its R.9 RoP application.
CANÈ S.p.A. v.FRANCE DÉVELOPPEMENT ÉLECTRONIQUE
1 Paris Local Division UPC_CFI_419/2023 Décision au fond du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 26/07/2024 DEMANDEUR 1) CANÈ S.p.A. Via Cuorgnè 42/A 10098 - Rivoli (TO) - IT Représenté par Konstantin Schallmoser DÉFENDEUR 1) FRANCE DÉVELOPPEMENT ÉLECTRONIQUE
Valeo Electrification v.Respondent
Procedural order from the Düsseldorf Local Division concerning EP 3 320 602 B1, in which the applicant Valeo Electrification sought leave to amend its application for provisional measures by deleting the word 'alternatively' from its claim, thereby converting an alternative claim into a main claim. The court granted leave, holding that Rule 263 RoP applies to provisional measure proceedings and that the amendment constituted an unconditional limitation under R. 263.3 RoP that did not unduly prejudice the defendants.
OrthoApnea S.L., Vivisol B BV v.***
1 Beschikking van het Hof van Beroep van het Eengemaakt Octrooigerecht gegeven op 26 juli 2024 NOOT: Een verzoek om opschortende werking met betrekking tot een beschikking van het Gerecht om de in het Procesreglement bepaalde termijn voor de indiening van een conclusie van een part
Simulity Labs Limited, Arm Germany d.o.o, ARM Limited, Arm France SAS, SVF Holdco, Arm Poland Sp. z.o.o, Arm lreland Limited, Arm Germany GmbH, Arm Sweden AB, Apical Limited v.ICPillar LLC
This appeal concerned a security for costs order granted in favor of ARM Limited and its affiliated entities against ICPillar LLC in underlying infringement proceedings concerning European Patent EP 3000239. ICPillar sought to have the security order set aside and initially requested confidentiality over an insurance policy (Exhibit 4) attached to its Statement of Appeal. After the Court of Appeal rejected the confidentiality request and the unredacted document was made available, ICPillar sought permission to amend its own Statement of Appeal and grounds of appeal to maintain equality of arms. The Court of Appeal rejected this request, holding that ICPillar controlled the redactions from the outset and could have lodged redacted grounds of appeal initially.
NanoString v.President and Fellows of Harvard College
This is a revocation action concerning EP 2 794 928 before the Central Division (Section Munich) of the Unified Patent Court. The Defendant (Harvard) sought to introduce further written submissions and two expert reports shortly before the oral hearing, prompted by the German Federal Patent Court's revocation of the German part of the patent. The Judge-rapporteur dismissed the request, holding that it violated the front-loaded character of UPC proceedings and would unfairly prejudice the Claimant.
WARMCOOK, NUC Electronics Europe GmbH v.Respondent
This procedural order concerns a Rule 9 RoP application by the defendants in a patent infringement action regarding European Patent EP 2 028 981. The defendants sought permission to submit video recordings (Exhibits D 7b and D 7c) referenced in their statement of defence on USB sticks, as the files exceeded the maximum upload size for the CMS. The judge-rapporteur granted permission to submit the physical exhibits but directed the defendants to follow the prescribed procedure for registering physical exhibits to the CMS via a separate application workflow.
Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH v.Respondent
1 Hamburg - Local Division UPC_CFI_169/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 25/07/2024 APPLICANT/S 3) Xiaomi Technology Netherlands B.V. (Defendant) - Prinses Beatrixlaan 582 - 2595BM - The Hague (Den Haag) - DE Represented by
Tandem Diabetes Care, Inc. v.Respondent
Roche Diabetes Care GmbH brought an infringement action against Tandem Diabetes Care Inc., Tandem Diabetes Care Europe B.V., and VitalAire GmbH before the Local Division Hamburg based on European Patent EP 2196231. The defendants (Tandem Diabetes) filed an application under Rule 323 of the Rules of Procedure to change the language of proceedings from German to English, the language in which the patent was granted. The President of the Court of First Instance granted the application, holding that when balancing the interests of both parties—who are international companies operating worldwide—the position of the defendant is the decisive factor when the outcome of the balancing is equal.
Seoul Viosys Co., Ltd v.Laser Components SAS, Photon Wave Co.,Ltd.
1 Division locale de Paris UPC_CFI_440/2023 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 24/07/2024 DEMANDEUR Seoul Viosys Co., Ltd Représenté par Pauline Debré 65-16, Sandan-ro 163 beon-gil, Danwon-gu - 15429 - Ansan-si, Gyeonggi-do - Répub
PROGRESS MASCHINEN & AUTOMATION AG v.AWM S.R.L., SCHNELL S.P.A.
This is an order of the Court of Appeal of the Unified Patent Court issued on 23 July 2024, addressing procedural questions concerning applications for the preservation of evidence and inspection of premises under Article 60 UPCA and Rules 192 et seq. RoP. The order establishes that such applications imply a request to disclose the outcome of the measures to the applicant, but that disclosure must be subject to the protection of confidential information. The Court clarifies that the defendant must be heard on disclosure requests even if they have not filed a remedy against the underlying preservation order, and that failure to seek review cannot be construed as tacit approval of disclosure.