European UPC IP Litigation
1,878 annotated decisions
Page 68 of 79 · 1,878 total
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 23/07/2024 Order no. ORD_40568/2024 APPLICANT 1) Oerlikon Textile GmbH & CO KG (Applicant) - Leverkuser Strasse 65 - 42897 - Remscheid - DE Represent
ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v.Respondent
Two revocation actions brought by Astellas Institute for Regenerative Medicine against proprietors of European Patents EP 3 056 563 and EP 3 056 564 were disposed of by the Central Division (Section Munich) after the parties reached a settlement. The Court held that parties may conclude their action by way of settlement without seeking a confirmatory Court decision under Rule 365 RoP, and disposed of the actions under Rule 360 RoP as they had become devoid of purpose. The Court also ordered reimbursement of 20% of the court fees in each action, ruling that Rule 370.9(c) RoP is not limited to Court-confirmed settlements.
Himson Engineering Private Limited v.Oerlikon Textile GmbH & CO KG
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 23/07/2024 Order no. ORD_40568/2024 APPLICANT 1) Oerlikon Textile GmbH & CO KG (Applicant) - Leverkuser Strasse 65 - 42897 - Remscheid - DE Represent
Progress Maschinen & Automation AG v.AWM Srl, SCHNELL S.p.A
This order of the Court of Appeal addresses the interpretation of Article 60 UPCA regarding applications for the preservation of evidence and inspection of premises. The court clarified that such applications imply disclosure of the evidence to the applicant, but this disclosure is subject to confidentiality protections. The court must hear the other party before deciding on disclosure, and the opportunity for confidentiality requests is distinct from remedies against the preservation order itself.
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 case concerns an appeal in a main infringement action involving patent EP 3000239, where ICPillar appealed an order requiring it to provide adequate security for legal costs. ICPillar sought to keep parts of an insurance policy (Exhibit 4) confidential, but the Court of Appeal rejected this request. The Court then addressed ICPillar's argument that it should be allowed to amend its Statement of appeal to maintain equality of arms, which the Court also rejected.
AYLO PREMIUM LTD v.Respondent
This order concerns a dispute over confidentiality protection and access restrictions in proceedings relating to European Patent EP 2 479 680. The defendants (AYLO entities) had requested access restrictions under Rule 262A RoP regarding information about the functioning of the accused embodiments contained in their reply. The Rapporteur issued a confidentiality order on 03.07.2024 granting access to the plaintiffs' legal representatives and three named natural persons. The defendants sought review under Rule 333 RoP, arguing that the three named individuals should be excluded because they are responsible for strategic decisions in parallel US proceedings and could not disregard the confidential information once obtained.
Hewlett-Packard Luxembourg SCA, HP International SARL, HPCP – Computing and Printing Portugal, Unipessoal, Lda., Hewlett-Packard d.o.o., HP Deutschland GmbH, HP Inc., HP Austria GmbH, HP Inc Bulgaria EOOD (Ейч Пи Инк България ЕООД), HP France SAS, HP v.Dolby International AB
This is a procedural order from the Local Division Düsseldorf concerning European Patent EP 3 490 258 B1. The court addressed the treatment of an intervener (Access Advance LLC) under the Rules of Procedure, holding that unless otherwise ordered, an intervener is treated as a party pursuant to R. 315.4 RoP and is therefore entitled to the protections of R. 262A.6 RoP. The ruling clarified that the circle of persons authorized to access confidential information must include at least one natural person beyond the intervener's procedural representatives.
Meril GmbH v.Edwards Lifesciences Corporation u. a.
This case concerns a revocation action filed by Meril Italy Srl against European Patent EP 3 646 825, owned by Edwards Lifesciences Corporation, relating to prosthetic heart valve systems with sealing mechanisms to prevent perivalvular leakage. Meril GmbH and Meril Life Sciences Pvt Ltd filed counterclaims for revocation. The claimant argued that the patent was invalid for several reasons, including that the subject matter was extended beyond the content of the application as originally filed. The patent at issue was filed on 16 July 2012 as a divisional application and claims priority from US applications of 15 July 2011 and 13 July 2012.
Meril GmbH v.Edwards Lifesciences Corporation
This case concerns a revocation action and counterclaims for revocation regarding European patent EP 3 646 825, which relates to prosthetic heart valve systems with sealing mechanisms to prevent perivalvular leakage. Meril Italy Srl filed the main revocation action, while Meril GmbH and Meril Life Sciences Pvt Ltd filed counterclaims for revocation against the patent proprietor Edwards Lifesciences Corporation. The claimant argued, among other grounds, that the patent's subject matter was extended beyond the content of the application as originally filed.
OrthoApnea S.L. v.Respondent
This is a procedural decision of the Local Division Brussels concerning an Application for Review filed by the defendants against a prior case management order. The defendants, OrthoApnea S.L. and VIVISOL B BV, sought review of Order ORD_37783/2024 of 8 July 2024, which had rejected their objection against the claimant's equivalence arguments while granting an extension for filing a Statement of Rejoinder until 1 August 2024. The underlying dispute relates to European Patent EP 2 331 036 and concerns the permissibility of the claimant supplementing factual context, adding equivalence-based infringement arguments, and adjusting the prayer for relief in their Reply to the Statement of Defence.
Meril Life Sciences Pvt Ltd. v.Edwards Lifesciences Corporation
This case concerns a revocation action filed by Meril Italy Srl against Edwards Lifesciences Corporation regarding European Patent No. EP 3 646 825, which relates to embodiments of a prosthetic heart valve featuring a sealing mechanism to prevent or minimize perivalvular leakage. The patent was filed on 16 July 2012 as a divisional application and claims priority from two earlier patent applications of 15 July 2011 and 13 July 2012. The claimant sought revocation of the patent on grounds including that the subject matter was extended beyond the content of the application as originally filed. Meril GmbH and Meril Life Sciences Pvt Ltd filed counterclaims for revocation in the proceedings.
Sanofi-Aventis Deutschland GmbH v.Amgen, Inc.
This is a revocation action concerning European patent EP 3 666 797 B1, brought by three Sanofi entities against Amgen, Inc. before the Central Division (Munich Section) of the Court of First Instance. The decision, delivered on 16 July 2024 following an oral hearing on 4 June 2024, sets out key legal principles on claim interpretation, priority rights under Article 87 EPC, and the assessment of inventive step. The panel (Presiding Judge Ulrike Voß, Judge-Rapporteur András Kupecz, and technically qualified judge Casper Struve) addressed issues including the technical meaning of claim terms, the 'same invention' test for priority, the identification of realistic starting points in the prior art, and the criteria for assessing obviousness and inventive contribution.
Sanofi-Aventis Deutschland GmbH v.Amgen, Inc.
This is a revocation action concerning European patent EP 3 666 797 B1, brought by three Sanofi entities against Amgen, Inc. before the Central Division (Munich Section) of the Court of First Instance. The decision, delivered on 16 July 2024 following an oral hearing on 4 June 2024, addresses key legal principles relating to claim interpretation, priority rights under Article 87 EPC, and the assessment of inventive step and obviousness. The judgment establishes headnotes on how the skilled person interprets patent claims using the description and drawings, the standard for claiming the 'same invention' for priority purposes, and the framework for evaluating obviousness and inventive contribution.
Regeneron Pharmaceuticals Inc. v.Amgen Inc.
This case concerns a counterclaim for revocation of European patent EP 3 666 797 B1 before the Central Division (Munich Section) of the Court of First Instance. The Claimant, Regeneron Pharmaceuticals Inc., sought revocation of the patent held by the Defendant, Amgen, Inc., with both parties being competitors in the cholesterol-lowering pharmaceutical market. The decision, delivered on 16 July 2024 following an oral hearing on 4 June 2024, addressed key legal principles including claim interpretation, priority rights under Article 87 EPC, and the assessment of inventive step.
Sanofi-Aventis Deutschland GmbH, Sanofi Winthrop Industrie S.A., Sanofi-Aventis Groupe v.Amgen, Inc.
This is a revocation action concerning European patent EP 3 666 797 B1, brought by three Sanofi entities against Amgen, Inc. before the Central Division (Munich Section). The decision, delivered on 16 July 2024 following an oral hearing on 4 June 2024, addresses issues of claim interpretation, priority rights under Article 87 EPC, and inventive step assessment. The judgment establishes key legal principles regarding how the skilled person interprets patent claims, evaluates priority claims, and assesses obviousness based on realistic starting points in the prior art.
Seoul Viosys Co., Ltd. v.Respondent
This procedural order concerns a request by the Korean plaintiff, Seoul Viosys Co., Ltd., for court-provided simultaneous interpretation of the oral hearing scheduled for September 5, 2024, in proceedings concerning European Patent EP 3 926 698 B1. The plaintiff, represented by German counsel, had filed the infringement action in German as the procedural language. The court addressed whether the court itself must provide interpretation services or whether the party must arrange and bear the cost of its own interpreter.
KraussMaffei Extrusion GmbH v.TROESTER GmbH & Co. KG
This case concerned a patent infringement action brought by KraussMaffei Extrusion GmbH against TROESTER GmbH & Co. KG regarding European Patent EP 3 221 117. Following an oral hearing on April 16, 2024, the parties reached an out-of-court settlement, and the plaintiff withdrew the action with the defendant's consent. The court allowed the withdrawal, terminated the proceedings, and ordered a 20% reimbursement of court fees to the plaintiff under Rule 370.9(b)(iii) of the Rules of Procedure, finding that the oral proceedings had not yet been concluded.
Apple Retail Germany B.V. & Co. KG v.Respondent
This order concerns an application by Apple entities (the appellants and defendants in the main infringement proceedings) to accelerate the appeal proceedings and shorten the time limit for filing the respondent's appeal response under Rules 225(e) and 9.3(b) of the Rules of Procedure. The underlying dispute involves Apple's appeal of the Court of First Instance President's order dated June 18, 2024, which rejected Apple's request to change the language of proceedings from German to English (the language of the patent EP 2263098). The Court of Appeal rejected the acceleration request, finding that Apple's interests in acceleration did not outweigh Ona Patents' interest in orderly proceedings.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics AG, Advanced Bionics GmbH and Advanced Bionics Sarl
The Local Chamber Mannheim issued a procedural order referring both the defendants' counterclaim for revocation and the plaintiff's auxiliary request for patent amendment to the Central Chamber Paris. The referral was granted because nearly all attacks raised in the counterclaim were already being pursued in an earlier central revocation action filed by Defendant 1, making parallel proceedings before two different panels inefficient. The court rejected the defendants' objections regarding the risk of divergent decisions, language change costs, and the advancement of central proceedings.
Panasonic Holdings Corporation v.Respondent
Panasonic Holdings Corporation filed an application under Rule 262A of the Rules of Procedure seeking confidentiality protection for information contained in its unredacted reply and attachments, as well as for negotiations between the parties, in proceedings concerning European Patent EP 2 568 724. The Local Chamber Mannheim had previously issued an interim order on April 30, 2024, provisionally classifying certain information regarding patent license agreements and related negotiations as confidential. The presiding judge Dr. Tochtermann issued the present order addressing the scope of confidentiality protection in connection with Panasonic's application for production of evidence.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics GmbH, Advanced Bionics Sarl , Advanced Bionics AG
This procedural order from the Local Chamber Mannheim concerns the referral of a counterclaim for revocation of European Patent EP 4 074 373 to the Central Chamber Paris. The plaintiff MED-EL filed an infringement action against three Advanced Bionics entities, and defendants 2 and 3 counterclaimed for revocation. Because nearly identical revocation attacks were already pending before the Central Chamber Paris (filed earlier by Defendant 1), the Local Chamber exercised its discretion under Article 33(3)(b) of the UPC Agreement to refer the counterclaim to the Central Chamber for consolidated proceedings.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Respondent
This order concerns a procedural dispute in a patent infringement case involving European Patent EP 3 024 163 held by Panasonic Holdings Corporation. The defendants, Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH, requested an extension of the deadline to file their Duplik (reply) to the infringement claim, the reply to the counterclaim for revocation, and the response to the patent amendment request, until September 17, 2024. The court found that the plaintiff's practice of filing a redacted 'unredacted version' of its reply, with redacted portions serving as placeholders for later submissions, was impermissible, but granted an exception since this issue was being addressed for the first time.
Panasonic Holdings Corporation v.Respondent
This order concerns an application by Panasonic Holdings Corporation for confidentiality protection under Rule 262A of the Rules of Procedure regarding information contained in the unredacted version of its reply and attachments, as well as negotiations between the parties, in proceedings concerning European Patent EP 2 568 724. The defendants (OROPE Germany GmbH and Guangdong OPPO Mobile Telecommunications Corp. Ltd.) objected to the scope of the requested confidentiality regime, arguing it should extend to all related proceedings, permit information sharing with external counsel in parallel UK proceedings, and allow additional employees access. The matter was decided by the Presiding and Reporting Judge Dr. Tochtermann of the Local Chamber Mannheim.
OROPE Germany GmbH v.Respondent
The Local Chamber Mannheim issued an order extending the defendant's deadlines for filing its reply to the rejoinder on the FRAND-related statement of defense and its rejoinder on the response to the FRAND counterclaim. The deadlines, originally set to expire on July 17, 2024, were extended to August 14, 2024, following the final decision on the confidentiality protection regime. The court found the extension necessary and sufficient for the defendant to take a final position on the FRAND aspect of the dispute.