Litigation
at Hamburg (DE) Local Division
16 litigation decisions from Hamburg (DE) Local Division.
Litigation Decisions
16 cases | Page 1 of 1
Nixu FL IP Protection LLC v.Infoblox Inc. o. a.
This procedural order concerns a request by the Defendants (Infoblox Inc., Infoblox Germany GmbH, and Nomios Germany GmbH) for an order requiring the Claimant (Nixu FL IP Protection LLC) to provide security for legal costs under R. 158 RoP in patent infringement proceedings concerning EP 2 005 696 B1. The Defendants argued that the Claimant was a newly established litigation vehicle incorporated in Texas in March 2025, that it had no meaningful assets, and that enforcement of a cost award in Florida would be costly and uncertain. The Court addressed whether Florida's statutory requirements for recognizing foreign judgments justified ordering security, and whether the Claimant's asset structure warranted such an order.
Nixu FL IP Protection LLC v.INFOBLOX INC. o.a.
The Claimant filed a patent infringement action against three Defendants concerning claim 2 of EP 2 005 696 B1, alleging infringement in Germany, France, Finland, and the United Kingdom. While jurisdiction over the two German-domiciled Defendants under Article 31 UPCA in conjunction with Article 4(1) Brussels-Ia-Regulation was not contested, the US-domiciled Defendant filed a Preliminary Objection challenging the Court's international jurisdiction. The core dispute centers on whether the UPC can assert jurisdiction over the US Defendant via the anchor defendant theory under Article 8(1) Brussels-Ia-Regulation, particularly with respect to the UK portion of the European Patent, given that the UK is not a UPCA member state.
Dyson Technology Limited v.DREAME INTERNATIONAL (HONGKONG) LIMITED
Dyson Technology Limited filed a request to impose a penalty payment against Dreame International (Hongkong) Limited for alleged infringement of prior court decisions concerning European Patent EP3119235. During an oral hearing in a related case, the parties reached a settlement that included the withdrawal of the penalty request and an agreement that no cost reimbursement would be sought. The court permitted the withdrawal, confirmed that no cost decision was required, and set the value of the enforcement proceedings at EUR 100,000.
Sun Patent Trust v.LYNK & CO International AB o. a.
Sun Patent Trust filed an infringement action against multiple defendants including Lynk & Co, Zeekr, Lotus Cars, and Smart Europe entities concerning EP 2 618 514. The Claimant requested permission to withdraw the infringement action, with all parties agreeing that each would bear its own costs. The Local Division Hamburg permitted the withdrawal and ordered reimbursement of 50% of the court fees to the Claimant.
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v.HMD Global Oy
This procedural order summarizes the interim conference held in two related patent infringement actions (UPC_CFI_494/2025 and UPC_CFI_495/2025) brought by Fraunhofer-Gesellschaft against HMD Global Oy concerning European patents EP 2 380 167 and EP 2 609 590. The judge-rapporteur recorded the parties' agreement on the value of the proceedings, proposed a framework for reimbursable legal costs, and outlined the schedule and structure of the upcoming oral hearing. Key legal issues were identified for each case, covering claim construction, validity, priority, and infringement questions relating to audio coding/upmixing technology.
Dreame International (HongKong) Limited v.Dyson Technology Ltd.
Dreame International (Hong Kong) Limited filed an application for provisional measures, including a provisional declaration of non-infringement and an injunction, against Dyson Technology Limited in connection with allegations of patent infringement relating to new haircare appliances, concerning EP3119235. During the oral hearing, the parties negotiated and signed a settlement agreement covering all claims. The court confirmed the settlement, treated its details as confidential, permitted the w
Avago Technologies International Sales Pte. Limited v.Renault Deutschland AG a.o.
Avago Technologies International Sales Pte. Limited filed a patent infringement action against three Renault entities before the Local Division Hamburg concerning European Patent EP 3 509 263 B1. Before the written procedure was concluded, the plaintiff withdrew the action, and the parties agreed that each side would bear its own costs. The court allowed the withdrawal, declared the proceedings terminated, set the dispute value at EUR 1,000,000, and ordered a 50% refund of the court fees paid by the plaintiff.
Avago Technologies International Sales Pte. Limited v.Renault Deutschland AG a.o.
Avago Technologies International Sales Pte. Limited filed a patent infringement action against Renault Deutschland AG, Renault Retail Group Deutschland GmbH, and Renault S.A.S. concerning European Patent EP 2 184 891 B1. Before the written proceedings were concluded, the plaintiff withdrew the action, and the defendants consented to the withdrawal. The parties agreed that each side would bear its own costs, and the court issued an order permitting the withdrawal, terminating the proceedings, and directing a 50% refund of court fees to the plaintiff.
Occlutech GmbH v.Lepu Medical (Europe) Cooperatief U.A. a.o.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning European Patent EP 1 998 686, which relates to an occlusion instrument. Occlutech, the patent holder, sought preliminary measures against Lepu for allegedly infringing the patent with its MemoCarna ASD and MemoCarna VSD products. The Local Chamber Düsseldorf had rejected the preliminary measures, finding it could not be established with sufficient certainty that the attacked embodiments comprised a mesh of more than one wire. The Court of Appeal set aside that decision, granted the preliminary measures, and ordered Lepu to cease the infringing activities in Germany, France, Italy, and the Netherlands, subject to a penalty of up to €250,000 per day of non-compliance.
SILIMED Indústria de Implantes Ltda a. o. v.Polytech Health & Aesthetics GmbH a. o.
SILIMED sought review of the Registrar's decision rejecting its application to remove an opt-out filed by Polytech for European patent EP 2 581 193. The Court of Appeal held that the application for review was unfounded because SILIMED failed to demonstrate that Polytech was not entitled to be registered as proprietor of the patent at the time the opt-out was filed on 30 March 2023. The court found that the subsequent German court decision ordering transfer of the patent to SILIMED, which became final only on 5 January 2026, had no retroactive effect.
Horl 1993 GmbH v.Magna-Tec e.K.
Horl 1993 GmbH, the registered proprietor of European Patent EP 4 117 857 B1 concerning a roller sharpener (Rollschleifer), brought a patent infringement action against Magna-Tec e.K. before the Local Chamber Hamburg. The court addressed key legal questions regarding the burden of substantiation for infringement claims relating to non-UPCA contracting states and the conditions under which a claimant is entitled to publication of the judgment. The decision was rendered following an oral hearing on 19 March 2026.
Brita SE v.Ningbo Blue Pluser Appliance Co. Ltd.
This case concerns an order by the Local Chamber Hamburg regarding the determination of coercive measures (Zwangsmittel) under Rule 354 of the Rules of Procedure. The applicant, Brita SE, had previously obtained an order on December 9, 2025, against Ningbo Blue Pluser Appliance Co. Ltd. prohibiting the marketing of certain water filter devices and requiring disclosure of sales information. The current order addresses the determination of enforcement measures related to that prior injunction.
Dyson Technology Limited v.DREAME INTERNATIONAL (HONGKONG) LIMITED a. o.
This procedural order concerns an infringement action brought by Dyson Technology Limited against six defendants associated with the Dreame group, regarding European Patent EP3119235. The defendants filed a Statement of Defense requesting a stay of proceedings on two grounds: first, a referral to the Court of Justice of the European Union regarding the interpretation of Article 8 no. 1 of the Brussels Regulation, particularly whether an EU representative can serve as an anchor defendant for a non-EU entity; and second, an alternative request to stay proceedings pending the outcome of opposition proceedings before the European Patent Office, which the defendants expect to be resolved within approximately seven months.
Teleflex Life Sciences II LLC v.Speed Care Mineral GmbH
This case concerns a cost decision following the dismissal of an infringement action and partial revocation of European Patent EP 2 077 811 B1. The Local Division Hamburg had previously revoked the patent to the extent of claims 1, 2, 3, 7 and 9, ordering the Claimant (Teleflex) to bear the costs. The Defendant (Speed Care Mineral) applied for reimbursement of its legal costs and court fees, and the Court ordered the Claimant to reimburse a total of €211,000.00, comprising €200,000.00 in legal fees (the applicable ceiling for recoverable costs) and €11,000.00 in court fees.
Dyson Technology Limited v.DREAME INTERNATIONAL (HONGKONG) LIMITED a. o.
Dyson Technology Limited sought provisional measures (a preliminary injunction) against multiple Dreame-related entities and a UK-based company (Cellcom Ltd.) for alleged infringement of European Patent EP 3 119 235, which relates to a hand-held hair care appliance. Dyson asserted that the Defendants' sales of the 'Dreame Dazzle Hair Styler' infringed claims 1 and 11 of the patent, directly or by equivalence. The Local Division Hamburg addressed issues of international jurisdiction under the Brussels I recast regulation, the role of an Authorized Representative in Northern Ireland, and the principles governing split cost decisions.
Nixu FL IP Protection LLC v.INFOBLOX INC. a.o.
This procedural order concerns a request by the three defendants to align the time limit for filing their Statements of Defence in a patent infringement action. The defendants argued that alignment would simplify proceedings and synchronize deadlines, and the claimant's representative had agreed out of court. The court found the request reasonable, noting that the deviation was only about 20 days, and held that while the claimant was not obliged to proactively arrange payment for service in the U.S., it bore the risk of deviating service dates due to its delay in arranging such payment.
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