Litigation
at Düsseldorf (DE) Local Division
282 litigation decisions from Düsseldorf (DE) Local Division.
Litigation Decisions
282 cases | Page 4 of 10
Occlutech GmbH v.Lepu Medical (Europa) Cooperatief U.A. and Lepu Medical Technology (Peking) Co., Ltd.
Procedural order from the Local Chamber Düsseldorf concerning European Patent EP 1 998 686 B1. The applicant Occlutech GmbH sought interim measures against the respondents Lepu Medical entities, who raised both infringement and validity objections. The court ordered the addition of a technically qualified judge to the panel under Art. 8(5) sentence 2 EPGÜ and R. 34 RoP, with the consent of all parties.
Dolby International AB v.Beko Germany GmbH & Arçelik A.Ş.
Procedural order from the Local Chamber Düsseldorf concerning EP 3 605 534 B1. The court granted the plaintiff Dolby International AB's application under R. 36 RoP for leave to file a further written submission addressing the FRAND objection raised by the defendants Beko Germany GmbH and Arçelik A.Ş. The court found the additional submission appropriate for reasons of fairness, equity, efficiency, and the right to be heard, noting no prejudice to the defendants and no procedural delay.
American Wave Machines, Inc. v.Surftown GmbH, WhiteWater Era GmbH, WhiteWater West Industries Ltd., Endless Surf Ltd.
This is a procedural order from the Düsseldorf Local Division concerning European Patent EP 2 728 089 B1, dealing with the protection of confidential information under R. 262A RoP. The Claimant, American Wave Machines, Inc., is involved in infringement actions and counterclaims for revocation against four Defendants. The court amended its prior order of 1 August 2025 to classify certain technical details of the challenged embodiment as confidential and to restrict access to unredacted versions of the parties' briefs and exhibits.
Headwater Research LLC v.Samsung Electronics Co. Ltd. et al.
Procedural order from the Local Chamber Düsseldorf of the Unified Patent Court in an infringement action concerning European Patent EP 3 110 072 B1. Both parties jointly requested a change of the language of proceedings to the language of the patent. The court granted the request, ordering that the proceedings language be changed to English pursuant to Art. 49(3) EPGÜ and R. 321 RoP.
Sanofi Biotechnologies SAS and Regeneron Pharmaceuticals Inc. v.Amgen Inc. and Others
This is a procedural order from the Düsseldorf Local Division concerning European patent EP 4 252 857. The Claimants (Sanofi and Regeneron) requested a stay of the infringement proceedings and counterclaim for revocation pending the outcome of an appeal in a related case (UPC_CFI_505/2024) concerning patent EP 3 536 712. The Court granted the stay, finding that the infringement question in the present case involves the same factual and legal questions as the related case, and that a stay would conserve judicial and party resources.
10x Genomics, Inc. v.Curio Bioscience Inc.
Procedural order from the Düsseldorf Local Division of the Unified Patent Court concerning EP 2 697 391 B1, addressing the Claimant's application under R. 262A RoP for protection of confidential information. The court classified certain information highlighted in gray in the Defendant's Application for a cost decision as confidential and restricted access to a defined confidentiality club. The Defendant's argument that the number of individuals granted access should correspond to parallel proceedings was rejected.
igus GmbH v.Whale Technology (Shanghai) Co., Ltd.
Default judgment (Versäumnisentscheidung) of the Local Chamber Düsseldorf of the Unified Patent Court in a patent infringement action concerning EP 3 912 243 B1, which protects a compact line guide for clean room applications. The plaintiff, igus GmbH, alleged that the Chinese defendant, Whale Technology (Shanghai) Co., Ltd., infringed the patent by offering a 'CPY' line guide at the Hannover Messe and through associated catalog distribution. Because the defendant failed to appear or respond, the court granted the plaintiff's claims in full, including a finding of infringement, an injunction, recall and information orders, and provisional cost reimbursement.
Wonderland Nurserygoods Co., Ltd. v.Cybex GmbH, Columbus Trading-Partners GmbH & Co. KG, Cybex Retail GmbH
Procedural order issued by the Düsseldorf Local Division concerning European patent EP 1 905 615. The court exercised its discretion under Rule 37.2 of the Rules of Procedure to jointly hear the patent infringement action brought by Wonderland Nurserygoods Co., Ltd. against the Cybex entities and the counterclaim for revocation, rather than bifurcating the proceedings. The decision was made for reasons of efficiency and to ensure that validity and infringement are decided on the basis of a uniform interpretation of the patent by the same panel.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
Procedural order issued by the Local Chamber Düsseldorf concerning European Patents EP 3 398 487, EP 3 281 569, and EP 3 610 762. The court decided, with the agreement of both parties, to hear the infringement action and the counterclaim for revocation together under Article 33(3)(a) EPGÜ, making an early decision on the course of action before the conclusion of the written procedure.
Imusyn GmbH & Co. KG v.BAG Diagnostics GmbH
Procedural order from the Local Chamber Düsseldorf concerning European Patent EP 3 548 898 B1, in which the court decided to add a technically qualified judge to the panel in interim measures proceedings. The respondent had challenged both infringement and the validity of the patent in its opposition to the application for interim measures, leading the presiding judge to conclude that early addition of a technically qualified judge was appropriate and necessary.
10x Genomics, Inc. v.Curio Bioscience Inc.
Procedural order from the Düsseldorf Local Division of the Unified Patent Court concerning the protection of confidential information under R. 262A RoP in cost proceedings related to EP 2 697 391 B1. The court granted the application to classify certain cost information as confidential and established a confidentiality club, granting access to the Defendant's legal representatives, the COO, and the CEO Dr Stephen Fodor, but denying access to a patent agent/consultant due to insufficient justification.
Ona Patents SL v.Google Commerce Limited, Google Ireland Limited
Procedural order issued by the Düsseldorf Local Division concerning European patent EP 2 263 098 B1 in a patent infringement action and counterclaim for revocation. The court identified ambiguities in the Claimant's submissions regarding the ownership of the patent in suit, particularly concerning the validity of three alleged patent assignments and the authorization of signatories. The Claimant was ordered to provide clarifications and supporting documents by 20 August 2025, with Defendants given until 3 September 2025 to respond.
Ona Patents SL v.Apple Inc., Apple Distribution International Ltd., Apple Retail Germany B.V. & Co. KG, Apple GmbH, Apple Retail France EURL
This is a procedural order from the Düsseldorf Local Division concerning European Patent EP 2 263 098 B1, issued in combined infringement and revocation proceedings. The court identified significant ambiguities in the Claimant's presentation regarding the chain of title and ownership of the patent in suit, particularly concerning three patent assignments and the authorization of signatories. The court ordered the Claimant to provide clarifications and supporting documents by 20 August 2025, with Defendants to respond by 3 September 2025.
American Wave Machines, Inc. v.Surftown GmbH, WhiteWater Era GmbH, WhiteWater West Industries Ltd., Endless Surf Ltd.
This is a procedural order from the Düsseldorf Local Division concerning EP 2 728 089 B1, addressing an application under R. 262A RoP for the protection of confidential information. The court granted the application, classifying certain technical details of the challenged embodiment as confidential, and restricted access to the unredacted versions of the parties' submissions to the Claimant's legal representatives and their internal assistants. The Claimant was also given an opportunity to supplement its submissions regarding the role of a natural person (Mr. [...]) for whom access to the confidential information was requested.
Aesculap AG v.Shanghai International Holding Corporation GmbH (Europe)
The Local Chamber Düsseldorf of the Unified Patent Court issued an order threatening the respondent with coercive fines of up to EUR 30,000 per day for non-compliance with a prior information disclosure order. The applicant, Aesculap AG, had obtained an order on July 10, 2025 against Shanghai International Holding Corporation GmbH (Europe) regarding European Patent EP 2 892 442 B1, and subsequently notified its intention to enforce the order in full, requesting the respondent to provide information within one month.
Headwater Research LLC v.Samsung Electronics Benelux B.V., Samsung Electronics Co. Ltd., Samsung Electronics France S.A.S., Samsung Electronics GmbH
Headwater Research LLC brought an infringement action against four Samsung entities concerning European Patent EP 3 110 069 B1, which relates to wireless end-user devices controlling application network access based on background/foreground states. Samsung counterclaimed for revocation. The Düsseldorf Local Division revoked the patent to the extent of claim 1 due to added matter extending beyond the content of the earlier application as filed, dismissed the infringement action, and ordered Headwater to bear the costs.
N.V. Nutricia v.Nestlé Health Science (Deutschland) GmbH
This case before the Local Division Düsseldorf concerned European Patent EP 2 359 858 B1, which was finally revoked during the proceedings. The Claimant (N.V. Nutricia) sought closure of both the infringement action and the counterclaim for revocation, while the parties disputed the value of the dispute. The Court set the value of the infringement action at €250,000 and the counterclaim for revocation at €500,000, ordered the Claimant to bear the costs of both proceedings, and granted a 60% reimbursement of court fees to the Claimant.
Memodo GmbH, Coenergia Srl a Socio Unico, PowerDeal SRL, VDH Solar Groothandel B.V., Libra Energy B.V. v.Maxeon Solar Pte. Ltd.
Defendants 3 and 5 to 8 in a patent infringement action concerning EP 3 065 184 B1 requested security for legal costs under Rule 158 RoP against the Claimant, Maxeon Solar Pte. Ltd. The Düsseldorf Local Division granted the request, ordering the Claimant to provide EUR 100,000 in security within six weeks, finding that the Claimant's financial difficulties justified the security and that the defendants' share of the amount in dispute was irrelevant when determining the cost ceiling.
DDP Specialty Electronic Materials US, LLC. v.Greenchemicals S.R.L.
This case concerned an application for provisional measures filed by DDP Specialty Electronic Materials US, LLC. against Greenchemicals S.R.L. before the Düsseldorf Local Division of the Unified Patent Court in relation to European Patent EP 1 957 544 B1. The applicant withdrew its application for preliminary measures with the defendant's consent, and the court permitted the withdrawal, closed the proceedings, cancelled the scheduled oral hearing, and ordered reimbursement of 60% of the court fees paid by the applicant.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
Procedural order from the Local Chamber Düsseldorf of the Unified Patent Court concerning European Patent EP 2 624 031 B1. The court decided, under Article 33(3)(a) EPGÜ and Rule 37.2 RoP, to jointly hear TRUMPF's infringement action and IPG Laser's counterclaim for revocation rather than bifurcating the proceedings. The decision was made for reasons of procedural economy and to allow a unified interpretation of the patent by the same panel for both validity and infringement questions.
Truma Gerätetechnik GmbH & Co. KG v.CAN Srl Airxcel Europe
Patent infringement action and counterclaim for revocation before the Local Chamber Düsseldorf concerning European Patent EP 1 788 320 B1. Both parties withdrew their respective claims following an out-of-court settlement, and the court terminated the proceedings, ordering a 60% reimbursement of court fees to each party without a decision on representation costs.
QIAGEN Sciences, LLC v.bioMérieux S.A. and bioMérieux Deutschland GmbH
This is a procedural order from the Düsseldorf Local Division concerning European patent EP 2 726 883, in which the Claimant QIAGEN Sciences, LLC sought an extension of time to file its Reply to the Statement of defence and Defence to the Counterclaim for revocation. The Defendants had filed a confidentiality application alongside their defence, delaying the Claimant's access to unredacted documents. The court granted the extension, with the Defendants' consent, extending the deadlines to 15 September 2025.
POSITEC Germany GmbH v.Husqvarna AB
POSITEC Germany GmbH, the defendant in a patent infringement action brought by Husqvarna AB before the Local Division Düsseldorf, applied to change the language of the proceedings from German to English (the language in which EP 3978304 was granted). Husqvarna opposed the application, arguing that POSITEC, as a German company operating the EMEA headquarters, should be able to handle proceedings in German. The President of the Court of First Instance granted the application, holding that the position of the defendant prevailed in the balancing of interests.
QIAGEN Sciences, LLC v.bioMérieux S.A. and bioMérieux Deutschland GmbH
This procedural order from the Düsseldorf Local Division concerns an application by the Defendants (bioMérieux) for protection of confidential information under R. 262A RoP in an infringement action regarding EP 2 726 883. The court classified certain information in the Statement of defence and Exhibits BB 6–9 as confidential, including peptide sequences, analyses, results, supplier documents, and technical specifications, while restricting access to a defined list of representatives and personnel. The Defendants' request for confidentiality protection regarding Exhibit 10 was rejected, though access to its unredacted version was delayed by one week.
Aesculap AG v.Shanghai International Holding Corporation GmbH (Europe)
Aesculap AG sought provisional measures against Shanghai International Holding Corporation GmbH (Europe) for alleged infringement of European Patent EP 2 892 442 B1, which relates to a cutting tool for a surgical torque-transmitting instrument. The defendant informed the Registry it would not be represented at the oral hearing and failed to appear, leading the Local Chamber Düsseldorf to decide on the merits as if the defendant had been present. The court granted the application in part, ordering the defendant to cease offering and distributing the infringing products, surrender them to a bailiff, provide detailed information on origin and distribution, and pay provisional costs of EUR 33,335.70.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
This is a cost decision of the Düsseldorf Local Division concerning European Patent EP 3 594 009 B1. FUJIFILM Corporation had sued three Kodak entities for patent infringement in Germany and the United Kingdom, and the Kodak entities had filed counterclaims for revocation. On 28 January 2025, the court revoked the patent in its entirety, dismissed the infringement action, and ordered FUJIFILM to bear the costs. The Defendants then applied for a cost decision, which the court largely granted, awarding reimbursement of representation costs, travel expenses, and other costs, while disallowing certain expert and barrister costs as well as costs for the cost proceedings themselves.
Quantificare S.A. v.Canfield Scientific GmbH, Canfield Scientific Inc., Canfield Scientific Europe B.V., Canfield Scientific s.r.l., and Esthetec SAS
Procedural order from the Local Chamber Düsseldorf of the Unified Patent Court concerning European Patent EP 3 156 843 B1. The court exercised its discretion under Rule 37.2 of the Rules of Procedure to decide early, before the close of written proceedings, that it would hear both the infringement action filed by Quantificare S.A. and the counterclaim for revocation together under Article 33(3)(a) UPCA. The decision was made for reasons of procedural economy and to ensure a unified interpretation of the patent by the same panel.
F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH v.Tandem Diabetes Care, Inc. and Others
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 1 970 677 B1. After the parties settled the patent infringement action and counterclaims for revocation through three separate settlements following the oral hearing, both the plaintiffs and defendants applied for partial reimbursement of court fees under R. 370.11 and R. 370.9(c) of the Rules of Procedure. The court rejected all applications, holding that because the oral procedure had already been completed at the time of settlement, no reimbursement was available.
Aesculap AG v.Shanghai International Holding Corporation GmbH (Europe)
Procedural order issued by the Local Chamber Düsseldorf of the Unified Patent Court in proceedings concerning European Patent EP 2 892 442 B1. Aesculap AG, as applicant, sought provisional measures against Shanghai International Holding Corporation GmbH (Europe). The presiding judge issued indications in preparation for the oral hearing scheduled for July 1, 2025, including a proposed feature breakdown of patent claim 1 relating to a cutting tool of a surgical, torque-transmitting instrument.
InterDigital CE Patent Holdings SAS v.The Walt Disney Company Limited et al.
The Walt Disney Company (Benelux) B.V. and other Walt Disney entity defendants filed an application under R. 323 RoP to change the language of proceedings from German to English in an infringement action brought by InterDigital CE Patent Holdings SAS concerning EP 2080349. The Claimant did not raise new objections, and all other defendants joined the application. The President of the Court of First Instance granted the application, changing the language of proceedings to English, the language in which the patent was granted.
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