Granted
at Brussels (BE) Local Division
3 granted decisions from Brussels (BE) Local Division.
Granted Decisions
3 cases | Page 1 of 1
CooperSurgical, Inc. v.European Distribution Center Motiva BVBA; Establishment Labs S.A.; PulseLavage AB
In this UPC case concerning EP 3 302 292 B1, the infringement action brought by CooperSurgical was withdrawn with the consent of the Defendants. The Court then issued a comprehensive cost decision that significantly favored the Defendants. Despite the withdrawal, the Claimant was ordered to pay over €187,000 in costs and expenses to the defendants, although they were granted reimbursement for 60% of their court fees.
Genentech Inc. v.F. Hoffmann – La Roche AG, Organon & Co., Organon Heist B.V., NV Organon, Shanghai Henlius Biotech Inc
In a significant procedural ruling, the UPC Local Division granted an order to preserve evidence and an order for inspection in the dispute concerning EP 3 401 335 B1. The case involves Genentech/Roche against Organon and Shanghai Henlius Biotech regarding biosimilars of the cancer drug Perjeta®. This decision allows the Applicants to secure critical information necessary for their claims, highlighting the UPC's proactive role in managing complex pharmaceutical litigation.
De heer v.OrthoApnea S.L.
In a time-sensitive UPC proceeding, the local division in Brussels granted an urgent request for provisional measures concerning EP 2 331 036. The claimant sought to preserve evidence of infringement by OrthoApnea's NOA product ahead of a major medical symposium. Recognizing the imminent loss of evidence and the urgency, the court allowed the protective measures without hearing the defendant, thereby securing the necessary documentation and products for future litigation.
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