353 cases · page 11 of 12
Showing 301–329Abbott Diabetes Care Inc. v.Respondent
This is an order from the Court of Appeal concerning Abbott Diabetes Care Inc.'s appeal against the denial of its preliminary injunction application by the UPC Local Division The Hague regarding patent EP 3 831 283. Abbott had submitted four auxiliary requests in its appeal, which the Respondents sought to have disregarded. The Court of Appeal decided to defer ruling on the allowability of the auxiliary requests to the oral hearing and granted the Respondents an extension of deadline for their Statement of response, ultimately rejecting Abbott's requests in its R.9 RoP application.
OrthoApnea S.L., Vivisol B BV v.***
1 Beschikking van het Hof van Beroep van het Eengemaakt Octrooigerecht gegeven op 26 juli 2024 NOOT: Een verzoek om opschortende werking met betrekking tot een beschikking van het Gerecht om de in het Procesreglement bepaalde termijn voor de indiening van een conclusie van een part
Simulity Labs Limited, Arm Germany d.o.o, ARM Limited, Arm France SAS, SVF Holdco, Arm Poland Sp. z.o.o, Arm lreland Limited, Arm Germany GmbH, Arm Sweden AB, Apical Limited v.ICPillar LLC
This appeal concerned a security for costs order granted in favor of ARM Limited and its affiliated entities against ICPillar LLC in underlying infringement proceedings concerning European Patent EP 3000239. ICPillar sought to have the security order set aside and initially requested confidentiality over an insurance policy (Exhibit 4) attached to its Statement of Appeal. After the Court of Appeal rejected the confidentiality request and the unredacted document was made available, ICPillar sought permission to amend its own Statement of Appeal and grounds of appeal to maintain equality of arms. The Court of Appeal rejected this request, holding that ICPillar controlled the redactions from the outset and could have lodged redacted grounds of appeal initially.
Progress Maschinen & Automation AG v.AWM Srl, SCHNELL S.p.A
This order of the Court of Appeal addresses the interpretation of Article 60 UPCA regarding applications for the preservation of evidence and inspection of premises. The court clarified that such applications imply disclosure of the evidence to the applicant, but this disclosure is subject to confidentiality protections. The court must hear the other party before deciding on disclosure, and the opportunity for confidentiality requests is distinct from remedies against the preservation order itself.
Simulity Labs Limited, Arm Germany d.o.o, ARM Limited, Arm France SAS, SVF Holdco, Arm Poland Sp. z.o.o, Arm lreland Limited, Arm Germany GmbH, Arm Sweden AB, Apical Limited v.ICPillar LLC
This case concerns an appeal in a main infringement action involving patent EP 3000239, where ICPillar appealed an order requiring it to provide adequate security for legal costs. ICPillar sought to keep parts of an insurance policy (Exhibit 4) confidential, but the Court of Appeal rejected this request. The Court then addressed ICPillar's argument that it should be allowed to amend its Statement of appeal to maintain equality of arms, which the Court also rejected.
Apple Retail Germany B.V. & Co. KG v.Respondent
This order concerns an application by Apple entities (the appellants and defendants in the main infringement proceedings) to accelerate the appeal proceedings and shorten the time limit for filing the respondent's appeal response under Rules 225(e) and 9.3(b) of the Rules of Procedure. The underlying dispute involves Apple's appeal of the Court of First Instance President's order dated June 18, 2024, which rejected Apple's request to change the language of proceedings from German to English (the language of the patent EP 2263098). The Court of Appeal rejected the acceleration request, finding that Apple's interests in acceleration did not outweigh Ona Patents' interest in orderly proceedings.
Arm Germany GmbH, Arm lreland Limited, Arm France SAS, Arm Sweden AB, Apical Limited, ARM Limited, Arm Germany d.o.o, Arm Poland Sp. z.o.o, SVF Holdco, Simulity Labs Limited v.Respondent
This is a procedural order from the Court of Appeal of the Unified Patent Court concerning an application by ARM under Rule 9 of the Rules of Procedure. ARM sought a declaration that ICPillar's Statement of grounds of appeal had not been served, or alternatively, an extension of the deadline for lodging its Statement of response. The Court of Appeal rejected the main request but granted the alternative request, ordering that the time period for ARM's Statement of response would end 15 days after the unredacted version of Exhibit 4 (an insurance policy) was made available to ARM's representative.
10x Genomics, Inc. v.Respondent
This case concerns an appeal filed by 10x Genomics against an order of the Court of First Instance (Düsseldorf Local Division) in proceedings involving EP 2 697 391, where 10x's application for provisional measures against Curio Bioscience was partly dismissed. After Curio filed its response raising questions of admissibility and necessity of the appeal but did not lodge a cross-appeal, 10x requested withdrawal of its appeal. The Court of Appeal permitted the withdrawal with Curio's consent and agreed with both parties that the determination of cost reimbursement should be deferred until a final decision in the main proceedings on the merits before the Court of First Instance.
Mala Technologies Ltd. v.Nokia Technology GmbH
This is an order from the Court of Appeal concerning an appeal by Mala Technologies Ltd. against a decision of the Court of First Instance that rejected Mala's preliminary objection in a revocation action brought by Nokia Technology GmbH regarding European patent EP 2 044 709 B1. Mala requested a stay of the first instance revocation proceedings pending the appeal. The Court of Appeal declared the stay request inadmissible because Mala's written statement did not constitute a 'reasoned request' under Rule 21.2 RoP, and further rejected the request on its merits, finding no exceptional circumstances warranting a stay.
Curio Bioscience Inc. v.10x Genomics, Inc.
This order concerns an application by Curio Bioscience Inc. under Rule 262A of the Rules of Procedure for the protection of confidential information in appeal proceedings before the Court of Appeal. The Court of Appeal held that a non-appealed R.262A RoP order by the Court of First Instance restricting access to certain information continues to apply in subsequent appeal proceedings, and that no new protective order is necessary when the same already-protected information is contained in documents lodged in the appeal. The Court accordingly found Curio's request for a new protective order to be superfluous.
ICPillar LLC v.Respondent
ICPillar LLC appealed an order of the Court of First Instance (Local Division Paris) requiring it to provide security for legal costs of €400,000 in main infringement proceedings concerning EP 3000239. ICPillar requested suspensive effect of the impugned order or, alternatively, expedition of the appeal. The Court of Appeal rejected both requests, finding no exceptional circumstances justifying suspensive effect and no urgency warranting expedition of the proceedings.
AUDI AG v.Respondent
This is an appeal order from the Court of Appeal of the Unified Patent Court concerning Audi AG's request to be allowed to lodge additional written pleadings in appeal proceedings. Audi had appealed a Court of First Instance decision denying its application for security for costs against Network System Technologies LLC (NST). After NST filed its Statement of response, Audi sought permission to file additional pleadings to correct certain facts submitted by NST regarding its market behavior. The Court of Appeal allowed the request, finding Rules 35 and 36 RoP applicable mutatis mutandis in appeal proceedings and that Audi's request was sufficiently reasoned.
Volkswagen AG v.Respondent
This is an order from the Court of Appeal of the Unified Patent Court concerning Volkswagen AG's request to be allowed to lodge additional written pleadings in appeal proceedings. The underlying dispute involves Volkswagen's appeal of a Court of First Instance decision denying its application for security for costs against Network System Technologies LLC (NST) in patent infringement proceedings concerning EP 1 552 399. The Court of Appeal allowed Volkswagen's request to file an additional statement to correct facts submitted by NST, and granted NST 14 days to respond.
Daedalus Prime LLC v.Respondent
Daedalus Prime LLC applied to withdraw its appeal against two of five respondents (Xiaomi Technology Netherlands B.V. and Xiaomi Technology Germany GmbH) in proceedings before the Court of Appeal of the Unified Patent Court, while continuing the appeal against the remaining three respondents. The Court of Appeal rejected the application, holding that the two respondents had a legitimate interest in the appeal being decided because they had been served with the Statement of claim, had responded to the appeal, and would be directly or indirectly affected by the outcome regarding service on affiliated companies.
Neo Wireless GmbH Co. KG v.Toyota Motor Europe
The Court of Appeal of the Unified Patent Court upheld a decision that an opt-out from UPC jurisdiction was invalid because it was not lodged by all proprietors of all national parts of the European patent. Neo Wireless GmbH & Co. KG (Neo) had argued that the opt-out filed by Neo Wireless LLC (USA) for European patent EP 3876490 was valid, but the Court ruled that Article 83(3) UPCA requires all proprietors of all national parts to lodge the opt-out application. The appeal was rejected, and the revocation action brought by Toyota Motor Europe was allowed to proceed before the UPC.
Nera Innovations Ltd. v.Respondent
Nera Innovations Ltd. sought partial withdrawal of its appeal against two of four Xiaomi respondents (Xiaomi Technology Netherlands B.V. and Xiaomi Technology Germany GmbH), while continuing the appeal against Xiaomi Communications Co., Ltd. and Xiaomi Inc. The appeal concerned a first-instance order from the Local Chamber Hamburg that had rejected Nera's requests to serve the complaint on two defendants via Xiaomi Germany. The Court of Appeal considered whether the partial withdrawal should be permitted, taking into account whether the statement of appeal grounds had already been served on the affected respondents and whether they had a legitimate interest in a decision being rendered in relation to them.
Carrier Corporation v.BITZER Electronics A/S
This Order of the Court of Appeal of the Unified Patent Court, issued on 28 May 2024, addresses the principles governing stays of revocation proceedings pending opposition proceedings before the European Patent Office. The Court held that, as a general principle, the UPC will not stay revocation proceedings, and that the mere existence of parallel EPO opposition proceedings or even an EPO decision to accelerate those proceedings is insufficient to justify a stay. An exception may apply only when a rapid decision from the EPO may be expected, with the Court exercising discretionary power based on a balance of the parties' interests.
AUDI AG v.Respondent
Audi AG appealed an order of the Court of First Instance (Local Division Munich) that denied its application for security for costs in main infringement proceedings concerning EP 1 552 669. Alongside its appeal, Audi requested expedition of the appeal proceedings and shortening of deadlines pursuant to R.225(e) and R.9.3(b) RoP. The Court of Appeal rejected the request for expedition, finding it too unspecified and insufficiently substantiated.
Texas Instruments Deutschland GmbH, Texas Instruments Incorporated v.Respondent
This order of the Court of Appeal concerned Texas Instruments' request for expedition of an appeal against the Court of First Instance's denial of their application for security for legal costs under Art. 69.4 UPCA in underlying infringement proceedings concerning European Patent EP 1 552 669. Texas Instruments argued that expedition was needed because they continued to incur legal costs defending the infringement action and counterclaim for revocation without adequate security from the claimant, NST. The Court of Appeal rejected the request, finding it insufficiently substantiated and noting that Texas Instruments had not demonstrated a particular interest in shortening the 15-day period for NST to lodge its Statement of response.
AUDI AG v.Respondent
Audi AG filed an appeal against an order of the Court of First Instance Local Division Munich that denied Audi's application requesting Network System Technologies LLC (NST) to provide adequate security for legal costs in underlying infringement proceedings concerning EP 1 875 683. Concurrently with its Statement of appeal and grounds of appeal, Audi requested the Court of Appeal to expedite the appeal proceedings and shorten deadlines. The Court of Appeal rejected the request for expedition, finding that Audi had not explained any particular interest in shortening the respondent's 15-day period for filing a Statement of response, and that the request regarding further proceedings was too unspecified and insufficiently substantiated.
Texas Instruments Deutschland GmbH, Texas Instruments Incorporated v.Respondent
Texas Instruments appealed an order of the Court of First Instance (Local Division Munich) that denied its application for security for costs in underlying infringement proceedings concerning EP 1 875 683. Alongside its Statement of appeal, Texas Instruments requested expedition of the appeal and shortening of deadlines under R.9.3(b) RoP. The Court of Appeal rejected the request for expedition, finding it too unspecified and insufficiently substantiated.
Volkswagen AG v.Respondent
Volkswagen AG appealed an order of the Court of First Instance (Local Division Munich) that denied its application for security for costs against Network System Technologies LLC (NST) in underlying patent infringement proceedings concerning EP 1 552 399. Alongside its appeal, Volkswagen requested expedition of the appeal proceedings under R.225(e) and R.9.3(b) RoP, citing increasing legal costs. The Court of Appeal rejected the request for expedition as too unspecified and insufficiently substantiated.
Texas Instruments Incorporated, Texas Instruments Deutschland GmbH v.Respondent
Texas Instruments appealed an order of the Court of First Instance dismissing its application for security for costs against Network Systems Technologies LLC (NST) in underlying patent infringement proceedings concerning EP 1 552 399. Alongside its appeal, Texas Instruments requested expedition of the appeal proceedings under R.9.3(b) RoP. The Court of Appeal rejected the request for expedition, finding it too unspecified and insufficiently substantiated.
SES-imagotag SA v.Hanshow Technology Co. Ltd, Hanshow France SAS, Hanshow Germany GmbH, Hanshow Netherlands B.V.
This is an appeal decision from the Court of Appeal concerning European Patent EP 3883277, which relates to electronic shelf labels for displaying information such as prices in retail environments. The appellant, VusionGroup SA (formerly SES-imagotag SA), challenged an order from the Local Chamber Munich dated December 20, 2023, in proceedings involving the respondents Hanshow Technology Co. Ltd and its German, French, and Dutch subsidiaries. The appeal concerned the interpretation of patent claims, the scope of protection, and alleged infringement in the context of an application for provisional measures.
Progress Maschinen & Automation AG v.Respondent
The Court of Appeal of the Unified Patent Court granted suspensive effect to an appeal filed by Progress Maschinen & Automation AG against an order of the Local Division Milan that revoked provisional measures to preserve evidence and inspect premises, and ordered the restitution of gathered evidence to the respondents. The Court held that enforcement of the restitution order pending the appeal would render the appeal largely ineffective, as the return of evidence would be difficult to reverse if the appeal succeeded.
Daedalus Prime LLC v.Xiaomi Communications Co., Ltd., Xiaomi Inc., Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH, MediaTek Inc.
Daedalus Prime LLC sought a panel review of a judge-rapporteur's order denying its request for an extension of time to lodge its Statement of grounds of appeal in proceedings concerning EP 2792100. The Court of Appeal confirmed the denial, holding that Daedalus could and should have sought external advice and comprehensively set out its arguments before lodging the Statement of claim, and that CMS issues were insufficient to justify an extension.
AIM Sport Development AG v.Supponor Italia SRL, Supponor SASU, Supponor España SL, Supponor Oy, Supponor Limited
AIM Sport Development AG appealed a decision of the Local Division Helsinki that dismissed both its infringement action and its application for provisional measures concerning European patent EP 3 295 663, on the ground that the court lacked competence due to an opt-out. The central issue on appeal was whether the two-month appeal period under R.220.1(a) RoP or the fifteen-day period under R.220.1(c) RoP applied. The Court of Appeal held the appeal admissible, finding that the ambiguity in the rules and the incorrect information provided by the Court of First Instance justified applying the longer two-month period, while extending the respondent's time to respond to three months.
Curio Bioscience Inc. v.10x Genomics, Inc.
This is an appeal before the Court of Appeal concerning the language of proceedings in a patent infringement dispute. Curio Bioscience Inc. appealed an order of the President of the Court of First Instance dated February 26, 2024, which had rejected Curio Bioscience's request to change the language of proceedings from German to English (the language of the patent EP 2 697 391). The dispute arose in the context of a provisional measures application filed by 10x Genomics against Curio Bioscience before the Local Division Düsseldorf. The Court of Appeal addressed the application under Article 49(5) of the UPC Agreement regarding the use of the patent language as the language of proceedings.
Neo Wireless GmbH & Co KG v.Toyota Motor Europe
The Court of Appeal of the Unified Patent Court rejected Toyota's request for a decision by default against Neo Wireless's appeal of an order rejecting Neo's preliminary objection to the UPC's jurisdiction. The court held that Neo had timely corrected formal deficiencies and that the 15-day deadline for filing a statement of appeal under R.224.1(b) RoP runs from the date of service of the decision granting leave to appeal, not from the date of the impugned order.
Ocado Innovation Limited v.Autostore Sp. z o.o., Autostore System GmbH, Autostore System AT GmbH, Autostore System AB, Autostore System S.L, Autostore System Srl, Autostore AS, Autostore S.A.S.
The Court of Appeal dismissed an appeal by Ocado Innovation Limited against an order of the Nordic-Baltic Regional Division granting a member of the public access to the statement of claim in underlying infringement proceedings against multiple Autostore entities. The Court held that the Court of Appeal could validly sit in a composition of three legally qualified judges under Article 9(1) UPCA when only non-technical issues were in dispute. It further held that requests for public access under Rule 262.1(b) RoP require a balancing of the public interest against the interests protected under Article 45 UPCA, and that access could be granted even where proceedings had ended by settlement.
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