European UPC IP Litigation
2,007 annotated decisions
Page 68 of 84 · 2,007 total
FUJIFILM Corporation v.Kodak GmbH a. o.
Unified Patent Court decision.
FUJIFILM Corporation v.Kodak GmbH a. o.
Unified Patent Court decision.
Roche Diabetes Care GmbH v.Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V.
Roche Diabetes Care GmbH, the defendant in a revocation action concerning European patent EP 2 196 231, requested an extension of time to file its defence to revocation until 8 April 2024 (or alternatively 18 March 2024), citing a pending preliminary objection and a parallel action for declaration of non-infringement. The judge-rapporteur rejected the request, holding that the discretionary power to extend time limits under Rule 9(3) RoP should only be used in justified exceptional cases where a party demonstrates objective difficulty in arranging a defence, and that under Rule 19(6) RoP the lodging of a preliminary objection does not affect the deadline for the statement of defence unless the judge-rapporteur decides otherwise.
Roche Diabetes Care GmbH v.Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V.
Roche Diabetes Care GmbH, the defendant in an action for declaration of non-infringement concerning European patent EP 2 196 231, requested an extension of the deadline for filing its statement of defence until 8 April 2024 (or alternatively 18 March 2024), citing a pending preliminary objection and a parallel revocation action. The judge-rapporteur of the Central Division (Paris Seat) rejected the request, holding that the applicant failed to demonstrate any objective difficulty in arranging a proper defence and that the mere possibility that submissions might become unnecessary did not justify an extension of the statutory deadline.
Huawei Technologies Co. Ltd v.Netgear Deutschland GmbH
Unified Patent Court decision.
Plant-e Knowledge B.V. and Plant-e B.V. v.Arkyne Technologies S.L.
This is a procedural order from the Local Division The Hague of the Unified Patent Court in an infringement action concerning European Patent EP2137782. The defendant filed a counterclaim for revocation, and the court had to decide whether to hear the infringement action and the counterclaim for revocation jointly or to bifurcate. Both parties requested a joint hearing, and the court ordered that it would proceed with both the infringement action and the counterclaim for revocation together under Article 33(3)(a) UPCA.
Meril GmbH, Meril Life Sciences Pvt Ltd. v.Edwards Lifesciences Corporation
This is a procedural order from the Court of Appeal of the Unified Patent Court concerning the appeal fee in a dispute over European Patent EP 3 763 331 (a crimping device for stent-based valve prostheses). The Court of Appeal determined that Meril, as appellants, must pay an appeal fee of €11,000 by analogy to the fee for an appeal under Rule 220.1(c) RoP regarding provisional measures under Article 62 EPCA, since the fee table contains no specific provision for an appeal under Rule 220.1(a) RoP against a costs order issued under Rule 360 RoP.
Panasonic Holding Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd., OROPE Germany GmbH
The court established a comprehensive confidentiality regime for the protection of confidential information, particularly relating to licence agreements concerning standard essential patents. The court declined to issue a court order for document production at this early stage, instead requiring parties to obtain consent from third-party licence agreement partners. A detailed 13-step procedure was outlined for handling confidential documents through the Case Management System.
10x Genomics, Inc. v.Curio Bioscience Inc.
Unified Patent Court decision.
Plant-e, Plant-e Knowledge v.Arkyne Technologies S.L.
Unified Patent Court decision.
Abbott Diabetes Care Inc. v.Dexcom Inc., Dexcom France SAS, Dexcom International Limited
This is a procedural order from the Paris Local Division concerning an infringement action filed by Abbott Diabetes Care Inc. against three Dexcom entities regarding European Patent EP3988471. The order addresses the extension and alignment of deadlines for filing the Statement of Defence, following difficulties with service of the Statement of Claim. The Judge-Rapporteur aligned the starting point for the Statement of Defence period for all three defendants to 15/01/2024, with the deadline set at 15/04/2024.
Heraeus Electronics GmbH & Co. KG and Heraeus Precious Metals GmbH & Co. KG v.Vibrantz GmbH
This is a procedural order from the Local Division Munich of the Unified Patent Court in a patent infringement dispute concerning European Patent No. 3 215 288 (relating to a metal sintering preparation). The court addressed multiple procedural applications, including a review of a prior refusal to allow amendment for indirect infringement of a process claim, and requests by both parties to extend the proceedings to Romania following its accession to the UPC Agreement on September 1, 2024. The court granted the amendments, revised its prior order, set a new briefing schedule, increased the dispute value to €1.25 million each, and allowed appeal.
SAS LASER COMPONENTS v.Seoul Viosys Co., Ltd
Unified Patent Court decision.
ICPillar LLC v.Arm Poland Sp. z.o.o. and Others
This is a procedural order from the Paris Local Division of the Unified Patent Court concerning an application by ICPillar LLC for an alternative method of service of its Statement of Claim in an infringement action against 12 defendants belonging to the ARM group of companies. The Court authorized alternative methods of service for Arm Poland Sp. z.o.o. after standard service failed, but dismissed the request regarding UK entities because service under the Hague Service Convention was still in progress.
ICPillar LLC v.ARM Limited Apical Limited Arm Poland Sp. z.o.o Simulity Labs Limited Hyperglance limited SVF Holdco
Unified Patent Court decision.
DexCom, Inc. v.Abbott Laboratories, Abbott Diabetes Care Inc., Abbott France, Abbott, Abbott B.V., Abbott S.r.l., Abbott Scandinavia Aktiebolag, Abbott Oy, Abbott Gesellschaft m.b.H., Abbott Laboratories A/S, Abbott GmbH, Abbott Diagnostics GmbH, Abbott Logistics B.V., and Newyu, Inc.
This is a procedural order from the Paris Local Division concerning an infringement action brought by DexCom, Inc. against fourteen defendants, primarily comprising various Abbott entities and Newyu, Inc., regarding European Patent EP3831282. The order addresses service difficulties and aligns the deadline for filing the Statement of Defence across all defendants. The Judge-Rapporteur accepted the parties' agreed extension, setting the Statement of Defence deadline to 15 March 2024, with the starting point aligned to 15 December 2023.
ITCiCo Spain S.L. v.Bayerische Motoren Werke Aktiengesellschaft
ITCiCo Spain S.L., the defendant in a revocation action brought by BMW concerning European patent EP 2 796 333, requested an extension of time to file its statement of defence until 29 February 2024. The judge-rapporteur of the Central Division (Paris Seat) rejected the request, finding that the applicant failed to provide sufficient evidence of objective impossibility or extreme difficulty in meeting the deadline, and that submitting the extension request on the very last day of the deadline was inconsistent with the principle of fairness.
Huawei Technologies Co. Ltd v.Netgear Inc., NETGEAR Deutschland GmbH, Netgear International Limited
This is a procedural order from the Local Chamber Munich of the Unified Patent Court in a patent infringement action concerning European Patent EP 3 611 989 (and EP 3 678 321). The court addressed whether to change the procedural language from German to English or to conduct the oral hearing in English. The court ordered that the procedural language remain German, but that the oral hearing and interim hearing be conducted in English based on the flexibility principles in Rule 1.1 of the Rules of Procedure.
Abbott Diabetes Care Inc. v.Dexcom Inc. and Dexcom International Limited
Procedural order in infringement proceedings before the Court of First Instance of the Unified Patent Court (The Hague Local Division) concerning European Patent EP4070727. Abbott Diabetes Care Inc., as the patent proprietor, sought alignment of the dates for the Statement of Defense, which had diverged for the two defendants due to different service dates. The court ordered both defendants to file their Statement of Defense on 14 March 2024, with the terms for reply and rejoinder adjusted accordingly.
Ocado Innovation Limited v.Respondent
Unified Patent Court decision.
Amgen Inc. v.Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Sanofi Winthrop Industrie S.A., Regeneron Pharmaceuticals Inc.
Unified Patent Court decision.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
This is a revocation action brought by NanoString Technologies Europe Limited against President and Fellows of Harvard College concerning European patent EP 2 794 928 B1 before the Central Division (Section Munich) of the Unified Patent Court. Following an interim conference held on 25 January 2024, the judge-rapporteur issued an order addressing procedural matters, including the admission of late-filed prior art document D46, the value of the proceedings, and the confirmation of the oral hearing date.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
Unified Patent Court decision.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
This is a revocation action brought by NanoString Technologies Europe Limited against President and Fellows of Harvard College concerning European patent EP 2 794 928 B1 before the Court of First Instance of the Unified Patent Court (Central Division, Section Munich). Following an interim conference held on 25 January 2024, the judge-rapporteur issued an order addressing procedural matters including the admission of late-filed document D46, the value of the proceedings, and the confirmation of the oral hearing date. The Court admitted document D46 into the proceedings, set the value of the proceedings at EUR 7,500,000, and confirmed the oral hearing for 17 April 2024.