Litigation
2 litigation decisions from Hamburg Local Division.
Litigation Decisions
2 cases | Page 1 of 1
Dolby International AB, Dublin, Ireland, Vectis IP Ltd., London, United Kingdom v.CPYou B.V., ´sHertogenbosch, The Netherlands, Acer Italy s.r.l., Arese, Italy
This is an appeal before the Court of Appeal of the Unified Patent Court concerning an application for suspensive effect under R. 223 RoP. Dolby and Vectis appealed an order from the Local Division The Hague that had admitted Vectis's intervention in infringement proceedings and declared a counterclaim for FRAND rate-setting against Vectis admissible. They requested a stay of the proceedings pending the appeal. The Court of Appeal rejected all requests for a stay, finding that the impugned order was not manifestly wrong, that neither R. 21.2 RoP nor R. 295(m) RoP justified a stay, and that no exceptional circumstances existed under Art. 74(1) UPCA and R. 223 RoP. The Court additionally held that Dolby's appeal was inadmissible because the JR order did not adversely affect Dolby.
Dolby International AB, Dublin, Ireland, Vectis IP Ltd., London, United Kingdom v.CPYou B.V., ´sHertogenbosch, The Netherlands, Acer Italy s.r.l., Arese, Italy
This is an order of the Court of Appeal of the Unified Patent Court concerning an application for suspensive effect under R. 223 RoP. Dolby International AB and Vectis IP Ltd. appealed an order of the Local Division The Hague that had admitted Vectis's intervention in infringement proceedings relating to European patent EP 3 079 153 and declared a counterclaim for FRAND rate-setting against Vectis admissible. The appellants sought a stay of the first-instance proceedings pending the appeal. The Court of Appeal rejected the requests for a stay, finding that the impugned order was not manifestly wrong, and additionally held that Dolby's appeal was inadmissible because the JR order did not adversely affect Dolby.
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