Granted
at Düsseldorf (DE) Local Division
33 granted decisions from Düsseldorf (DE) Local Division.
Granted Decisions
33 cases | Page 1 of 2
Topsoe A/S v.HyGear B.V.
In this procedural matter, the UPC Court of First Instance addressed a request by HyGear B.V. to change the language of proceedings from German to English for EP3802413. The court applied the fairness criteria under Art. 49(5) UPCA, considering factors like the predominant language in the hydrogen technology field and the practical disadvantages faced by non-German speaking parties. Ultimately, the request was granted, emphasizing that efficient communication is crucial in accelerated UPC proceedings.
Hewlett-Packard Development Company, L.P. v.Zhuhai ouguan Electronic Technology Co., Ltd
This procedural order from the Düsseldorf Local Division addresses the critical issue of service of process against a defendant based in China. Despite formal attempts via Chinese authorities failing, and subsequent email contact being ignored, the Court invoked the principle of effective judicial protection. It ruled that publishing the provisional measures order on the UPC website constituted valid good service, allowing the proceedings to continue without further delay.
Hewlett-Packard Development Company, L.P. v.Andreas Rentmeister e.K.; Shenzhen Moan Technology Co., Ltd.
This procedural order addresses the critical issue of service of process in a UPC provisional measures case involving parties across different jurisdictions, specifically China. The Court found that traditional methods of serving Defendant 2 were ineffective and unduly delayed. By invoking the principle of effective judicial protection, the Düsseldorf Local Division declared that publishing the preliminary injunction on the UPC website constituted valid good service. This ruling provides significant guidance for practitioners dealing with cross-border litigation where formal service is impractical.
Hewlett-Packard Development Company, L.P. v.Andreas Rentmeister e.K.; Shenzhen Moan Technology Co., Ltd.
In a critical procedural ruling, the Düsseldorf Local Division addressed the challenges of serving foreign defendants in urgent UPC proceedings. The court ruled that if formal service attempts via international conventions stall or fail, and all other reasonable efforts have been exhausted, the steps taken by the applicant can be deemed sufficient for proper legal notice under Rule 275.2 RoP. This decision provides significant procedural relief to applicants facing unresponsive foreign jurisdictions in high-stakes IP litigation.
Yangtze Memory Technologies Co., Ltd. v.Micron Semiconductor (Deutschland) GmbH
In a procedural order concerning EP 3 850 660, the UPC Local Division in Düsseldorf granted an extension of time periods requested by Micron Semiconductor and its affiliates. The defendants argued that the sheer volume of technical evidence (approximately 3,000 pages) submitted by Yangtze Memory Technologies required more time for analysis, especially considering potential prior use rights. The Court agreed, emphasizing the need to afford defendants a sufficient right to be heard while ensuring effective case management across multiple parallel proceedings.
Hewlett-Packard Development Company, L.P. v.Zhuhai ouguan Electronic Technology Co., Ltd
In this UPC case concerning provisional measures against a Chinese defendant, the court addressed the critical issue of service failure under international conventions. Despite official notification from Chinese authorities that the company did not exist at the provided address, the Düsseldorf Local Division granted the applicant's request. The ruling established that if the applicant provides credible evidence verifying the accuracy of the registered address, prior attempts can be deemed good service, ensuring the applicant's urgent legal rights are protected.
F. Hoffmann-La Roche AG v.A. Menarini Diagnostics S.r.l.
In a case involving F. Hoffmann-La Roche AG and A. Menarini Diagnostics S.r.l., the Düsseldorf Local Division issued an order to protect confidential information during proceedings related to EP 1 962 668 B1. The court classified detailed manufacturing processes, commercial negotiation records, pricing data, and expert witness statements as trade secrets. This decision underscores the importance of robust confidentiality measures within UPC litigation, allowing parties to safeguard sensitive business intelligence.
Ona Patents SL v.Apple Inc.
This UPC decision addresses a request for the reimbursement of court fees following the withdrawal of both an infringement action and associated counterclaims. The Court analyzed the procedural status of the case—specifically that regular pleadings had been exchanged, but the written procedure was not formally closed. Applying relevant Rules of Procedure (R. 370.9(b)(ii)), the Court granted a partial reimbursement of 40% of the fees to the Defendants.
Ona Patents SL v.Google Ireland Limited
In a procedural ruling, the UPC Local Division in Düsseldorf issued a confidentiality order concerning EP 2 263 098 B1. The court ruled in favor of the claimant, Ona Patents SL, restricting access to sensitive exhibits and documents. Crucially, the court also prevented the disclosure of this confidential information to parallel national proceedings, setting a strong precedent for maintaining secrecy within UPC litigation.
Avago Technologies International Sales Pte. Limited v.Renault Nederland N.V.
This UPC decision addressed a procedural application seeking to change the language of proceedings from German to English for an infringement case involving Avago Technologies and various Renault entities. The Court granted the request, citing fairness grounds, the international nature of the parties, and the predominant use of English in the relevant technical field. This ruling reinforces the flexibility of the UPC regarding procedural language when supported by objective circumstances.
Occlutech GmbH v.Lepu Medical (Europa) Cooperatief U.A. a.o.
In this UPC case concerning an infringement action involving EP 1 998 686 B2, the court addressed a motion regarding the protection of confidential information. The Lokalkammer Düsseldorf granted the request to classify specific data as trade secrets under Art. 58 EPGÜ and R. 262A VerfO. Crucially, the court ruled that the claimant's CEO must be granted access to this sensitive information, despite objections from the defendants who feared competitive disadvantage.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a procedural order concerning confidential information, the Düsseldorf Local Division of the UPC restricted access to certain documents submitted by Curio Bioscience Inc. (Defendant) during cost proceedings against 10x Genomics, Inc. (Claimant). The court applied Art. 58 UPCA and R. 262A RoP to protect trade secrets within the litigation process. This ruling reinforces the UPC's commitment to balancing the right to a fair trial with the protection of sensitive commercial information.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a procedural order concerning cost proceedings, the Düsseldorf Local Division of the UPC granted protection for confidential information submitted by 10x Genomics against Curio Bioscience. The court ruled that specific cost items were indeed trade secrets and restricted access to them. This decision reinforces the practical application of Art. 58 UPCA, balancing the need for confidentiality with the right to an effective remedy in complex litigation.
Maxeon Solar Pte. Ltd. v.Aiko Energy Germany GmbH, Solarlab Aiko Europe GmbH, Memodo GmbH, Aiko Energy Netherlands B.V., Libra Energy B.V., VDH Solar Groothandel B.V., PowerDeal SRL, Coenergia Srl a Socio Unico
In this procedural order concerning a solar technology patent, the UPC Local Division addressed a request for security of legal costs. The court ruled in favor of the defendants, ordering the Claimant to provide EUR 100,000 in security. This decision reinforces the principle that when multiple parties are involved, the determination of cost ceilings must consider the group's overall interest rather than individual liability shares.
Husqvarna AB v.POSITEC Germany GmbH
In a procedural ruling, the UPC Court of First Instance granted POSITEC Germany GmbH's request to change the language of its infringement case from German to English. The court balanced the arguments, ultimately prioritizing the defendant's position regarding fairness and operational needs over the claimant's preference for the patent grant language. This decision reinforces the importance of considering the practical disadvantages faced by parties when determining procedural language in UPC proceedings.
F. Hoffmann-La Roche AG v.Rubin Medical ApS
In a procedural ruling concerning the protection of confidential information, the Düsseldorf Local Division of the UPC granted an order to classify certain details from a settlement agreement as trade secrets. This decision reinforces the practical application of Article 58 EPC and Rule 262A of the Rules of Procedure within the UPC framework. The case highlights how parties can seek judicial protection for sensitive business information during complex litigation, even when the core infringement claims are not addressed.
InterDigital CE Patent Holdings, SAS v.The Walt Disney Company (Benelux) B.V.
In this procedural order, the UPC Court of First Instance addressed a request by The Walt Disney Company group to change the language of proceedings from German to English. The court found the application admissible and granted the request, citing fairness and consistency with previous rulings in related cases. This decision is significant as it reinforces the practical application of Article 49(5) UPCA, allowing parties to successfully petition for a language change based on the patent's grant language.
DDP Specialty Electronic Materials US, LLC. v.Greenchemicals S.R.L.
In a preliminary procedural order, the Düsseldorf Local Division granted a strict confidentiality order protecting financial information submitted by DDP Specialty Electronic Materials US, LLC. against Greenchemicals S.R.L. The court found that the Defendant failed to prove the public availability of this sensitive data, justifying the protection under UPCA rules. This decision underscores the UPC's commitment to safeguarding proprietary business information during litigation.
Franz Kaldewei GmbH & Co. KG v.Bette GmbH & Co. KG
This UPC decision addresses a cost determination procedure following an infringement lawsuit and counterclaim for revocation involving EP 3 375 337 B1. The court found in favor of the claimant, Franz Kaldewei GmbH & Co. KG, upholding the costs awarded despite the defendant's arguments that the fees were excessive given the limited scope of the alleged infringement. The ruling reinforces the standard requiring a substantive defense against cost objections.
InterDigital VC Holdings, Inc. v.The Walt Disney Company Limited / The Walt Disney Company (Benelux) B.V
This UPC decision addresses a procedural application concerning the language of proceedings in an infringement case involving Disney and InterDigital VC Holdings. The Defendants successfully argued for changing the court's language from German to English, aligning with the patent grant language. The Court upheld this request, citing principles that prioritize the defendant's position when balancing interests are equal, underscoring the practical importance of business context in UPC procedural matters.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
In this procedural order, the Düsseldorf Local Division addressed a request for protection of trade secrets between CUP&CINO and ALPINA Coffee Systems. The court successfully classified specific financial data submitted by the respondent as confidential business information under Article 58 EPC. This ruling is significant for practitioners as it reinforces the UPC's commitment to protecting sensitive commercial data during litigation, ensuring that proprietary information remains restricted to authorized parties.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG, Mammut Sports Group GmbH
In a procedural ruling concerning cost assessment within an ongoing UPC action, the Düsseldorf Local Division granted the claimant, Ortovox Sportartikel GmbH, protection for its trade secrets. The court found that information regarding billed work and hourly rates constituted confidential business information. This decision reinforces the ability of parties to safeguard sensitive commercial data during litigation under the UPC framework.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG; Mammut Sports Group GmbH
This UPC decision addresses a complex costs determination application arising from an infringement and revocation action concerning avalanche search devices. The court provided crucial guidance on the separability of costs, confirming that expenses incurred during preliminary injunction proceedings are distinct and separately reimbursable, even if they precede the main infringement suit. This ruling clarifies how cost ceilings apply across different procedural stages within the UPC framework, offering significant clarity for practitioners managing multi-stage litigation.
10x Genomics, Inc. v.Curio Bioscience Inc.
In this procedural order concerning enforcement security, the UPC Local Division in Düsseldorf ruled in favor of 10x Genomics, Inc. The Applicant had initially deposited EUR 2 million to secure a preliminary injunction but subsequently obtained and provided an equivalent bank guarantee. The Court found that the Applicant had a legitimate interest in exchanging the deposit for the bank guarantee due to logistical and economic reasons. Consequently, the Court ordered the repayment of the original security deposit.
Valeo Electrification v.Magna PT B.V. & Co. KG, Magna PT s.r.o., and Magna International France, SARL
This procedural order from the Düsseldorf Local Division addressed the protection of confidential information in a case concerning EP 3 320 602 B1. The Court formally classified specific exhibits as confidential and issued strict access restrictions for both the Applicant (Valeo Electrification) and the Defendants (Magna group). This ruling reinforces the importance of confidentiality protocols within UPC proceedings, ensuring sensitive business information is protected during litigation.
Ona Patents SL v.Apple Inc.
In this UPC procedural order, Ona Patents SL successfully sought protection for confidential information against Apple Inc. and its subsidiaries. The court confirmed that sensitive data, including internal profit margins and specific technical details about product functionalities, qualifies as a trade secret under Article 58 EPC. This ruling reinforces the scope of trade secret protection in the UPC, clarifying that even negative statements or limited access to specialized knowledge can warrant confidentiality.
Maxeon Solar Pte. Ltd. v.Aiko Energy Germany GmbH
This UPC decision addressed a procedural application seeking to change the language of proceedings from German to English, aligning it with the patent's granted language. The Court found that despite initial objections regarding admissibility and local business requirements, the balance of interests favored the defendants. The ruling emphasizes that in cases involving multinational entities, the practical needs for coordination often outweigh the general rule favoring the claimant's convenience.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG / Mammut Sports Group GmbH
In this provisional measures case, Ortovox Sportartikel GmbH sought the release of a 500,000 EUR cash deposit previously provided to secure an ex-parte injunction. The claimant successfully argued that she had replaced the cash deposit with a bank guarantee, demonstrating a legitimate interest in exchanging the security due to practical constraints. The court ruled in favor of Ortovox, ordering the release of the funds, thereby establishing clear guidelines on the flexibility of security requirements within UPC proceedings.
Valeo Electrification v.Magna PT B.V. & Co. KG; Magna PT s.r.o.; Magna International France, SARL
In this procedural order concerning an application for provisional measures, the UPC granted Valeo Electrification leave to change its claim regarding EP 3 320 602 B1. The Applicant sought to unconditionally limit a previously 'alternatively' claimed feature in its injunction request. The Court ruled that R. 263 RoP applies fully to PI proceedings and found that this specific limitation was favorable to the Defendants as it narrowed the scope of the potential preliminary injunctions, thus allowing the amendment.
Dolby International AB v.HP Deutschland GmbH, HP Inc., HP International SARL, HP Austria GmbH, HP France SAS, HP Belgium SPRL, HP Inc Danmark ApS, HP Finland Oy, HP Italy S.r.l., Hewlett-Packard Nederland BV, HP PPS Sverige AB, HPCP – Computing and Printing Portugal, Hewlett-Packard d.o.o., Hewlett-Packard Luxembourg SCA, HP Inc Bulgaria EOOD
This decision from the Düsseldorf Local Division addresses an application for assistance of a third party (Streithilfe) in a patent infringement case involving Dolby and various HP entities. The court ruled that Access Advance LLC, acting as the pool administrator, had sufficient legal interest to participate. This ruling clarifies the conditions under which a neutral third party involved in FRAND licensing pools can be admitted into UPC proceedings.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.