Litigation
at Brussels (BE) Local Division
8 litigation decisions from Brussels (BE) Local Division.
Litigation Decisions
8 cases | Page 1 of 1
Establishment Labs S.A. v.GC Aesthetics ParentCo Limited, Nagor Limited, GC Aesthetics Management Limited, GC Aesthetics (Distribution) Limited, GC Aesthetics (France) SAS, EuroSilicone SAS, GC Aesthetics GmbH, GC Aesthetics Spain, S.L.U., Global Co
This Order II concerns an application under Rule 190 of the Rules of Procedure filed by the GC Aesthetics group of companies in parallel UPC proceedings (infringement action UPC_CFI_1357/2025 and counterclaim for revocation UPC_CFI_629/2025) relating to European Patent EP 3 107 487 B1. The applicants sought an order requiring LABS to produce specific evidence, including sales figures for Motiva SilkSurface implants, physical samples manufactured before the priority date, and various promotional and marketing materials. The Court granted the 'Primary Order' requests (with the exception of request I.c and an adjustment to request I.b), ordering LABS to produce the requested evidence within 21 days, while emphasizing the need to align evidence-gathering requests between parallel UPC and UK proceedings for procedural efficiency and proportionality.
2seventy bio, Inc. v.Johnson & Johnson, Janssen Biotech, Inc., Janssen Pharmaceuticals Inc., Janssen-Cilag International NV, Janssen Pharmaceutica NV, Janssen-Cilag NV, Janssen Biologics B.V., Janssen-Cilag B.V., Janssen-Cilag GmbH, Janssen-Cilag S
This is a procedural order issued by the Local Division Brussels of the Unified Patent Court concerning European Patent EP 3 689 383, owned by the United States of America. The Claimant, 2seventy Bio, Inc., filed an infringement action against Johnson & Johnson, various Janssen entities, and Legend Biotech entities, who filed counterclaims for revocation. The Court indicated its intention to hold a joint hearing of the infringement action and the counterclaims for revocation under Article 33(3)(a) UPCA, for reasons of efficiency and to ensure uniform interpretation of the patent.
Establishment Labs S.A. v.GC Aesthetics ParentCo Limited Nagor Limited GC Aesthetics Management Limited GC Aesthetics (Distribution) Limited GC Aesthetics (France) SAS EuroSilicone SAS GC Aesthetics Italy S.R.L. GC Aesthetics GmbH GC Aesthetics Spai
Establishment Labs S.A. (LABS), the proprietor of EP 3 107 487 B1, applied under Rule 263.3 RoP to limit its infringement action by withdrawing the UK designation portion of its claim against several GC Aesthetics defendants. The defendants sought dismissal, declarations of manifest inadmissibility under Rule 361 RoP, immediate cost awards, and prospective restrictions on future UPC claims. The Brussels Local Division granted LABS unconditional leave to limit its claims, held that Defendants 2 and 10 no longer had a legal basis to remain in the infringement proceedings but should stay for cost purposes, granted the defendants leave to limit their counterclaim, and granted leave to appeal.
Establishment Labs S.A. v.GC Aesthetics ParentCo Limited Nagor Limited GC Aesthetics Management Limited GC Aesthetics (Distribution) Limited GC Aesthetics (France) SAS EuroSilicone SAS GC Aesthetics Italy S.R.L. GC Aesthetics GmbH GC Aesthetics Spai
Establishment Labs S.A. (LABS), the proprietor of EP 3 107 487 B1, applied under Rule 263.3 RoP to limit its infringement action by withdrawing the UK designation portion of its claim against several GC Aesthetics defendants. The defendants sought dismissal, declarations of manifest inadmissibility under Rule 361 RoP, immediate cost awards, and prospective restrictions on future UPC claims. The Brussels Local Division granted LABS unconditional leave to limit its claims, held that Defendants 2 and 10 no longer had a legal basis to remain in the infringement proceedings but should stay for cost purposes, granted the defendants leave to limit their counterclaim, and granted leave to appeal.
Simmons & Simmons LLP GENENTECH INC. F. HOFFMANN – LA ROCHE AG v.ORGANON HEIST B.V. NV ORGANON
In this legal proceeding before Brussels (BE) Local Division (decision issued on 2026-05-04) under reference UPC_46FFEC8858, Simmons & Simmons LLP GENENTECH INC. F. HOFFMANN – LA ROCHE AG appeared in dispute with ORGANON HEIST B.V. NV ORGANON concerning patent rights and legal remedies.
ESKO-SOFTWARE BV, ESKO-GRAPHICS BV v.IN(K)CONTROL BV
This order concerns an application by the Defendants (Esko-Software BV and Esko-Graphics BV) to change the language of proceedings from Dutch to English in an infringement action brought by In(k)control BV based on European Patent EP3841735. The President of the Court of First Instance addressed whether further submissions beyond those foreseen by R. 323.2 RoP should be considered, and weighed the relevance of English being the language of the patent and the technology field against the particular circumstances of the parties' size and domicile. The order was issued following consultation with the panel of the Local Division Brussels.
Establishment Labs S.A. v.GC Aesthetics Parentco Limited et al.
Establishment Labs S.A. (LABS), the proprietor of EP 3 107 487 B1, applied under Rule 263.3 RoP to limit its infringement action by withdrawing the UK designation portion of its claim against several GC Aesthetics defendants. The defendants sought dismissal, declarations of manifest inadmissibility under Rule 361 RoP, immediate cost awards, and prospective restrictions on future UPC claims. The Brussels Local Division granted LABS unconditional leave to limit its claims, held that Defendants 2 and 10 no longer had a legal basis to remain in the infringement proceedings but should stay for cost purposes, granted the defendants leave to limit their counterclaim, and granted leave to appeal.
YEALINK (XIAMEN) NETWORK TECHNOLOGY Co. Ltd. YEALINK (EUROPE) NETWORK TECHNOLOGY BV v.BARCO NV
This is an Order of the Court of Appeal concerning an Application for provisional measures under Rule 206 RoP. The Court addressed issues of competence of local divisions, urgency, and interim award of costs in provisional measures proceedings. The Order establishes that Rule 19.5 RoP applies mutatis mutandis to provisional measures proceedings, that there is no hierarchy between the competence grounds in Art. 33(1)(a) and Art. 33(1)(b) UPCA, and that competence assessment should be cursory rather than comprehensive. The Court also held that an interim award of costs up to half of the applicable ceiling is generally appropriate in provisional measures proceedings.
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