Litigation Decisions
66 cases | Page 3 of 3
Advanced Standard Communication LLC v.XIAOMI Inc. et al.
The Unified Patent Court's Local Division Munich upheld an order requiring the Claimant, Advanced Standard Communication LLC, to provide EUR 300,000 in security for costs in a patent infringement action concerning European Patent EP 3 016 464 B1. The Claimant argued that a bank guarantee provided by the Defendants as 'FRAND security' should relieve it of the obligation to provide security for costs, but the court rejected this argument. The court also held that merely taking out ATE insurance does not automatically remove the obligation to provide security for costs.
Valeo Systemes d'Essuyage v.Robert Bosch France SAS and Others
This procedural order from the Court of Appeal of the Unified Patent Court concerns a request for simultaneous interpretation filed by the Respondents (Robert Bosch entities) ahead of an appeal hearing. The Respondents sought French-to-English and English-to-French interpretation, arguing their representative lacked sufficient oral fluency in French. The Court rejected the request, holding that the inability of a representative to master the language of proceedings does not constitute sufficient justification, and ordered that the hearing be conducted in English.
Sinocare Inc. and A. Menarini Diagnostics s.r.l. v.Abbott Diabetes Care Inc.
This is an appeal from the Local Division The Hague's order granting provisional measures in favor of Abbott Diabetes Care Inc. against Sinocare Inc. and A. Menarini Diagnostics s.r.l. concerning the alleged infringement of European Patent EP 4 344 633 relating to a sensor assembly for continuous glucose monitoring systems. The Court of Appeal rejected the appeal, upholding the preliminary injunction against the GlucoMen iCan product, finding that the UPC had jurisdiction, the patent was valid, and the requirements for provisional measures were met. The appellants were ordered to bear the costs and pay an interim award of €200,000.
Rematec GmbH & Co KG v.Europe Forestry B.V.
The Court of Appeal of the Unified Patent Court issued an order rejecting Rematec's request to transfer its cost assessment application to the Court of First Instance (Local Division Mannheim) with the original filing date preserved. The Court held that it lacked competence to decide on cost assessment, which must be initiated before the Court of First Instance, and that no exceptional circumstances justified a transfer. The underlying dispute concerned European Patent EP 2 548 648, where the Court of Appeal had previously reversed the first instance decision and granted Rematec's infringement claim on an auxiliary request while dismissing Europe Forestry's invalidity counterclaim.
Sinocare Inc., No. 265, Guyan Road, Hi-Tech Zone, Changsha,, A. Menarini Diagnostics s.r.l., Via Sette Santi 3, 50131 Fir v.Abbott Diabetes Care Inc., 1360 South Loop Road, Alameda, CA, Nathalie Sabotier, legally qualified judge
This appeal concerned a preliminary injunction granted by the Local Division The Hague in favor of Abbott Diabetes Care Inc., the proprietor of European Patent EP 4 344 633 relating to a sensor assembly for continuous glucose monitoring systems. The Court of Appeal of the Unified Patent Court rejected the appeal brought by Sinocare Inc. and A. Menarini Diagnostics s.r.l., who were found to infringe the patent through their GlucoMen iCan product. The Court of Appeal upheld the injunction prohibiting the manufacture, marketing, and sale of the GlucoMen iCan in the UPC territory and ordered the Appellants to pay €200,000 as an interim award of costs.
Raimund Beck Nageltechnik GmbH - Raimund-Beck-Straße 1 - 527 v.BAUSSMANN Collated Fasteners GmbH – Eibachstraße 15 - 57413, Jochen Bühling, KRIEGER MES Rechtsanwälte PartmbB.
ORDER
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