9 cases · page 1 of 1
Gowling WLG v.Boehringer Ingelheim International GmbH & Zentiva Portugal, Lda.
Gowling WLG, a firm of UPC representatives, sought access under Rule 262.1(b) RoP to written pleadings and evidence from preliminary injunction proceedings (UPC_CFI_41/2025) between Boehringer Ingelheim and Zentiva Portugal, in which a final order had been issued on 8 May 2025. While Boehringer did not object (subject to confidentiality redactions), Zentiva opposed the request, arguing the main action was still pending and that the request was overly broad. The Lisbon Local Division granted access to the specifically identified pleadings in their redacted versions but dismissed the request for access to the exhibits, finding the evidence request insufficiently substantiated.
Boehringer Ingelheim International GMBH v.Zentiva Portugal, Lda.
Boehringer Ingelheim filed a patent infringement action against Zentiva Portugal before the Lisbon Local Division of the Unified Patent Court concerning European Patent EP1830843 (relating to nintedanib for idiopathic pulmonary fibrosis), based on a threat of infringement following an INFARMED communication. Zentiva raised a preliminary objection arguing the UPC lacked jurisdiction because the dispute involved an administrative matter falling under Portuguese administrative courts. The Court rejected the preliminary objection, holding that the UPC has exclusive competence over European patent infringement actions and that the dispute between two private parties did not concern an administrative matter.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc.
This is a procedural order from the Local Division in Lisbon of the Unified Patent Court in a patent infringement action concerning European Patent No. EP 2 819 131 B1. Both parties agreed on the appointment of a Technically Qualified Judge and that the infringement action and counterclaim for revocation should be heard together. The Court scheduled an interim conference for 22 January 2026 and an oral hearing for 25 March 2026.
Boehringer Ingelheim International GmbH v.Zentiva Portugal, Lda
Boehringer Ingelheim International GmbH sought a preliminary injunction before the Lisbon Local Division of the Unified Patent Court against Zentiva Portugal, Lda, alleging imminent infringement of European Patent EP 1 830 843 B1, which protects the use of nintedanib for treating idiopathic pulmonary fibrosis. The Court rejected the application, finding that Boehringer failed to demonstrate imminent infringement arising directly from Zentiva's conduct, particularly given that the Portuguese Intellectual Property Court had already granted a preliminary injunction in parallel proceedings. The Applicants were ordered to pay the Defendant interim costs of EUR 92,944.15.
Arvato Netherlands B.V., Digital River Ireland Ltd., ASUSTek Computer Inc. v.Telefonaktiebolaget LM Ericsson
This case concerns a cost decision following the dismissal of a preliminary injunction application filed by Telefonaktiebolaget LM Ericsson against ASUSTek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd. for alleged infringement of European Patent EP 2 819 131 B1. The Lisbon Local Division held that R. 150 RoP can apply to cost decisions following the rejection of a preliminary injunction, and applied the principle of proportionality to award only the travel expenses of the representatives (EUR 4,946.22), rejecting the other claimed costs to avoid the risk of double assessment with the subsequently filed main action on the merits.
Telefonaktiebolaget LM Ericsson v.ASUSTeK Computer Inc. and Digital River Ireland Ltd.
Telefonaktiebolaget LM Ericsson filed an infringement action against ASUSTeK Computer Inc. and Digital River Ireland Ltd. before the Lisbon Local Division of the Unified Patent Court concerning European Patent No. EP 2 819 131 B1. Following Digital River's insolvency and winding-up order by an Irish court, Ericsson sought leave to withdraw the action against Digital River. The Court allowed the partial withdrawal, ordered each party to bear its own costs, directed Ericsson to file an amended Statement of Claim within 10 days, and granted AsusTek two months to file its Statement of Defence from service of the amended pleading.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc., Digital River Ireland Ltd., Arvato Netherlands B.V.
Telefonaktiebolaget LM Ericsson filed an application for provisional measures and a preliminary injunction against ASUSTek Computer Inc., Digital River Ireland Ltd., and Arvato Netherlands B.V. before the Lisbon Local Division of the Unified Patent Court, alleging infringement of European Patent EP 2 819 131 B1 through the sale of laptops and notebooks containing Intel Wi-Fi 6E AX211 and Wi-Fi 6 AX201 modules. The Defendants challenged the competence of the Lisbon Local Division, denied infringement, asserted invalidity of the patent, and argued lack of urgency due to Ericsson's unreasonable delay. The Court dismissed the application, finding that Ericsson had delayed unreasonably in seeking provisional measures, thereby failing to establish urgency.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc., Arvato Netherlands B.V., Digital River Ireland Ltd.
This order concerns Ericsson's application to amend its claims in preliminary injunction proceedings against ASUSTek, Arvato Netherlands, and Digital River Ireland regarding European Patent EP 2 819 131 B1. The amendment unconditionally limited the original claims, particularly recharacterizing Defendant Arvato from a direct infringer under Article 25(a) UPCA to an intermediary under Article 62(1) UPCA. The Court of First Instance of the Unified Patent Court (Lisbon Local Division) granted the amendment under Rule 263.3 RoP, as the defendants did not oppose the changes and the amendments narrowed the scope of the original claims.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd.
This order from the Lisbon Local Division of the Unified Patent Court addressed a procedural dispute in preliminary injunction proceedings concerning European Patent No. EP 2 819 131 B1. The defendants (ASUSTek, Arvato, and Digital River) sought an order requiring the applicant (Ericsson) to comply with Rule 13.1(h) of the Rules of Procedure and to produce copies of prior art, pleadings, statements of case, and expert reports from referenced proceedings. The Court dismissed the defendants' request, finding that Ericsson had complied with R. 13.1(h) RoP and that the rule requires only information, not annexes or evidence.
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