Pending
at Düsseldorf (DE) Local Division
74 pending decisions from Düsseldorf (DE) Local Division.
Pending Decisions
74 cases | Page 3 of 3
DexCom, Inc. v.Abbott Laboratories and associated entities (including Abbott Logistics B.V., Abbott Diabetes Care Inc., etc.)
In a procedural order concerning EP 4 026 488, the UPC Local Division in Düsseldorf decided to proceed with a joint hearing of the infringement action brought by DexCom against Abbott and its subsidiaries, alongside the counterclaim for revocation. This decision prioritizes efficiency, ensuring that both validity and infringement are assessed under a single, uniform interpretation by the same judicial panel. The court also mandated the allocation of a technically qualified judge (TQJ) to manage the case effectively.
DexCom, Inc. v.Abbott Laboratories and associated entities (including Abbott Diabetes Care Inc., Abbott GmbH, etc.)
In a procedural order concerning the dispute between DexCom, Inc. and Abbott Laboratories regarding EP 4 026 488, the Düsseldorf Local Division granted an extension of time for filing key pleadings. Although the Defendants did not consent to the delay, the Court found that granting the extension was justified on grounds of fairness and equity. This order highlights the procedural flexibility available within the UPC framework when balancing strict timelines against the practical needs of complex litigation.
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
In a procedural order, the Düsseldorf Local Division of the UPC suspended the complex infringement and revocation proceedings involving Dolby International AB against various HP entities regarding EP 3 490 258 B1. The suspension was granted upon the mutual request of all parties involved in the litigation. This decision highlights how parties can utilize procedural mechanisms within the UPC to pause active disputes, potentially allowing for strategic reassessment or negotiation before a full hearing.
SodaStream Industries Ltd. v.Aarke AB
In this UPC case concerning patent infringement (EP 1793917), the defendant Aarke AB sought to adjourn the oral hearing, citing an outstanding appeal regarding a request for security for costs. The Düsseldorf Local Division rejected this request. The court clarified that appeals related to certain orders do not automatically halt main proceedings, especially when the order in question (security for costs) does not fall under the specific exceptions of Art. 74 (3) UPCA.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG
In a complex infringement and revocation case concerning EP 3 466 498 B1, the Local Chamber Düsseldorf issued a procedural order. The defendants sought to delay proceedings by requesting time to respond to an appellate court's decision. The Court rejected this motion, indicating that the main substantive proceedings are moving forward without further delays based on the appeal ruling. This highlights the strict procedural management of UPC cases.
Grundfos Holding A/S v.Hefei Xinhu Canned Motor Pump Co., Ltd.
In this procedural order (Verfahrensanordnung), the UPC Local Chamber of Düsseldorf decided to consolidate the proceedings between Grundfos Holding A/S and Hefei Xinhu Canned Motor Pump Co., Ltd. The court ruled that it would jointly examine both the infringement claim brought by Grundfos and the counterclaim for revocation filed by Hefei Xinhu. This decision aims to enhance procedural efficiency, ensuring a unified legal interpretation across both claims.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a procedural order concerning confidentiality, the Düsseldorf Local Division addressed access rights in the ongoing infringement action between 10x Genomics and Curio Bioscience. The court clarified that while prior summary proceedings orders remain relevant, specific restrictions must be set for the main case to balance the parties' needs. Access to confidential documents was strictly limited to named counsel and their actively involved teams, emphasizing the personal liability of the primary representatives.
Dolby International AB v.HPCP – Computing and Printing Portugal, Unipessoal, Lda., HP Inc., Hewlett-Packard Luxembourg SCA, HP Finland Oy, HP Inc Bulgaria EOOD (Ейч Пи Инк България ЕООД), HP Austria GmbH, HP Deutschland GmbH, HP Inc Danmark ApS, Hewlett-Packard d.o.o., HP Italy S.r.l., HP France SAS, HP International SARL, HP PPS Sverige AB, HP Belgium SPRL, Hewlett-Packard Nederland BV
In a case concerning the infringement of an HEVC essential patent, Dolby International AB sought protection for its confidential information via an assisting party (Access Advance LLC). The Düsseldorf Local Division issued an order granting this request. This decision reinforces the procedural mechanisms within the UPC that allow parties and assisting parties to protect trade secrets during litigation, ensuring sensitive business data remains restricted to authorized personnel.
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, Unipessoal, Lda., Hewlett-Packard d.o.o., Hewlett-Packard Luxembourg SCA, HP Inc Bulgaria EOOD
This UPC decision addresses a procedural matter concerning the protection of confidential information (Rule 262A) within an infringement case involving Dolby International AB and various HP entities. The core issue was defining the scope of access for Access Advance LLC, which had joined as a third-party intervenor in the patent pool dispute. The court granted the status of intervenor but imposed strict limitations on who could view the unredacted confidential documents.
Tridonic GmbH & Co KG v.CUPOWER Shenzhen Xiezhen Electronics Co., Ltd; CUPOWER Europe GmbH
In this procedural order, the Düsseldorf Local Division decided to consolidate the infringement lawsuit brought by Tridonic GmbH & Co KG against CUPOWER entities with a counterclaim for patent revocation regarding EP 2 011 218 B1. The court justified this unified approach based on efficiency and the moderate complexity of the technology involved. This decision sets an important precedent for how UPC panels manage complex litigation, allowing them to address both infringement and validity simultaneously.
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
Dolby International AB initiated infringement proceedings against various HP entities regarding the European patent EP 3 490 258 B1, which covers HEVC video decoding technology. During the litigation, Dolby sought to restrict its claims to exclude products utilizing NVIDIA graphics cards. The Düsseldorf Local Division granted this request, formally narrowing the scope of the lawsuit. This decision is significant as it demonstrates how claimants can strategically refine their infringement allegations within the UPC framework.
10x Genomics, Inc. v.Curio Bioscience Inc.
This procedural order in the Düsseldorf Local Division of the Unified Patent Court (UPC) addresses a request by both parties to change the language of the ongoing infringement case. The claimant, 10x Genomics, Inc., initiated proceedings against Curio Bioscience Inc. regarding EP 2 697 391 B1. Both parties mutually agreed to switch the procedural language from German to English, which the court subsequently approved.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a procedural order concerning an application for provisional measures in the Düsseldorf Local Division, the UPC addressed the complex issue of language change mid-litigation. Although the Court of Appeal had set English as the official language after the oral hearing was conducted in German, the court made an exceptional ruling. It allowed the final decision to be issued in German, provided it included a certified English translation, thereby balancing procedural fairness with the need for judicial efficiency.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH
This decision from the Düsseldorf Local Division addresses a critical procedural issue regarding third-party intervention in UPC cases. Seoul Viosys Co., Ltd. sought to allow its licensee (Seoul Semiconductor Co., Ltd.) to join both an infringement lawsuit and a concurrent revocation counterclaim. The court ruled that the licensee possesses sufficient legal interest, particularly when the local division bundles both types of claims for unified interpretation. This ruling significantly clarifies the scope of participation rights for licensees in complex UPC litigation.
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