353 cases · page 12 of 12
Showing 331–352Odiporo GmbH, Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH, Xiaomi Technology France S.A.S., Xiaomi Technology Italy S.R.L., Shamrock Mobile GmbH v.Respondent
This order from the Court of Appeal clarifies the date of service of the appeal documents in proceedings between Panasonic Holdings Corporation and several Xiaomi entities regarding EP 3 611 989. Xiaomi requested confirmation that service of the appeal occurred on April 3, 2024, with the response deadline expiring on April 18, 2024, or alternatively an extension of the response deadline. The order addresses the application of Rules 270 to 279 of the Rules of Procedure regarding service in appeal proceedings.
Juul Labs, Inc. v.NJOY Netherlands B.V.
This appeal concerned five revocation actions brought by NJOY Netherlands B.V. against Juul Labs International, Inc. before the Central Division (Paris Seat) of the Unified Patent Court, relating to five European patents. The statements for revocation incorrectly named the defendant as 'Juul Labs, Inc.' rather than 'Juul Labs International, Inc.' The Court of Appeal addressed whether the claimant could rectify this naming error and considered the issue of costs under Rule 242.1 RoP. The Court held that rectification could be granted where it was clear from the circumstances that the claimant intended the action against the defendant, and that no order for costs would be issued at the appeal stage since the decision was not a final order concluding the action.
Netgear Inc., Netgear International Limited, NETGEAR Deutschland GmbH v.Huawei Technologies Co. Ltd
This case concerns an appeal before the Court of Appeal regarding procedural remedies against decisions of the Rapporteur concerning objections (Einspruch) under Rule 19 RoP. The appellants (Netgear entities) challenged a procedural order from the first instance dated December 11, 2023, in proceedings involving alleged infringement of European Patent EP 3 611 989. The Court of Appeal addressed the proper procedural pathway for challenging the Rapporteur's decisions on objections, clarifying the interplay between Rule 333.1 RoP review by the panel and Rule 220.2/220.3 RoP appeals.
UPC Decision UPC-001562 v.Respondent
UPC Court of Appeal UPC_CoA_5/2024 PR_APL_189/2024 ORDER of the President of the Court of Appeal of the Unified Patent Court issued on 14 March 2024 pursuant to Rule 229.5 RoP HAEDNOTE Under Rule 220.2 RoP an appeal from an order without leave is inadmissible from the outset and, as
UPC Decision UPC-001561 v.Respondent
UPC Court of Appeal UPC_CoA_5/2024 PR_APL_189/2024 ORDER of the President of the Court of Appeal of the Unified Patent Court issued on 14 March 2024 pursuant to Rule 229.5 RoP HAEDNOTE Under Rule 220.2 RoP an appeal from an order without leave is inadmissible from the outset and, as
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Huawei Technologies Co. Ltd
This procedural appeal before the Court of Appeal concerned the time limit for filing a Statement of Defense after a claim extension to add a new patent. Huawei had originally filed an infringement action on June 1, 2023, based solely on EP 3611989, and later sought to extend the claim to include EP 3678321. The Local Division Munich allowed the extension, prompting Netgear to appeal. The Court of Appeal addressed whether the defendant must be afforded the same time limit to respond to a newly added patent as would apply if a fresh action had been filed regarding that patent.
NETGEAR Deutschland GmbH, Netgear International Limited, Netgear Inc. v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal concerning a procedural appeal filed by Netgear against a decision of the Local Division Munich that separated the portion of the action based on European Patent EP 3678321 from the main proceedings under Rule 302.1 of the Rules of Procedure. The central legal principle established is that the principle of due process requires that when a new patent is added to an already pending action, the defendant must be granted the same time limit to file a statement of defense—and potentially a counterclaim for revocation—as would apply if a new action had been filed regarding that patent. During the interim hearing, Netgear conditionally withdrew certain requests subject to Huawei's agreement on an extended three-month response deadline.
NanoString Technologies Germany GmbH, NanoString Technologies Netherlands B.V., NanoString Technologies Inc. v.10x Genomics, Inc., President and Fellows of Harvard College
This is a corrigendum order from the Court of Appeal correcting Headnote 2, paragraph 3 of a prior order dated February 26, 2024, due to an obvious incorrectness. The case concerns European Patent EP 4 108 782 and involves proceedings on provisional measures between 10x Genomics and Harvard College as applicants/appellees and NanoString Technologies entities as respondents/appellants. The corrected headnote restates the principles of patent claim interpretation under Article 69 EPC and its Protocol, clarifying that the patent claim is not merely the starting point but the decisive basis for determining the scope of protection.
10x Genomics, Inc., President and Fellows of Harvard College v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding preliminary measures for alleged infringement of European Patent EP 4 108 782. After the oral hearing on December 16, 2023, all three NanoString entities filed for Chapter 11 bankruptcy in the US Bankruptcy Court for the District of Delaware on February 4, 2024. The applicants (10x Genomics and Harvard) requested that the proceedings be stayed due to the insolvency, and the respondents (NanoString) agreed. The Court of Appeal held that, under principles of procedural economy, cost efficiency, and fair balance of interests, the proceedings did not need to be stayed because the insolvency occurred only after the close of oral hearings and the case was ready for decision.
AIM Sport Development AG v.Supponor Oy, Supponor Italia SRL, Supponor SASU, Supponor Limited, Supponor España SL
This order concerns two appeals filed by AIM Sport Development AG against a decision of the Local Division Helsinki that dismissed AIM's requests for a preliminary injunction, evidentiary measures, and an infringement action relating to European patent EP 3 295 663, on the ground that the patent had been opted out of the Unified Patent Court. The Court of Appeal identified a potential procedural defect: AIM lodged its Statement of appeal on 20 December 2023, within two months of service, whereas the applicable Rule 224.1(b) RoP requires appeals against orders under Articles 60 and 62 UPCA to be lodged within 15 days of service. The Court invited both parties to submit written comments on whether the non-compliance should lead to inadmissibility of the appeal.
NanoString Technologies Inc.; NanoString Technologies Germany GmbH; NanoString Technologies Netherlands B.V. v.President and Fellows of Harvard College; 10x Genomics, Inc.
This is an appeal order from the Court of Appeal concerning provisional measures related to European Patent EP 4 108 782. The applicants, 10x Genomics and Harvard College, sought provisional measures against NanoString Technologies entities. The order addresses key legal principles regarding formal requirements for provisional measure applications, patent claim interpretation under Article 69 EPC, and the standard of sufficient certainty required under Rule 211.2 RoP. The decision establishes important guidance on burden of proof allocation between applicants and defendants in provisional measure proceedings.
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Respondent
This order concerns an application by Netgear for shortening of time limits (acceleration of appeal proceedings) under Rules 225(e) and 9.3(b) of the Rules of Procedure. Netgear had appealed an order of the Local Chamber Munich that granted Huawei's request to extend its claim to include a second European patent (EP 3678321) in the main proceedings, which originally concerned only EP 3611989. The Court of Appeal rejected the application for acceleration, holding that filing on the last day of the applicable time limits did not justify shortening, given the respondent's interests and principles of due process, even though this could result in the statement of defense being filed in the first instance proceedings before the appeal is decided.
Meril GmbH, Meril Life Sciences Pvt Ltd. v.Edwards Lifesciences Corporation
This procedural order concerns an appeal filed by Meril GmbH and Meril Life Sciences Pvt Ltd. against a cost order issued by the Local Division Munich in proceedings initiated by Edwards Lifesciences Corporation for alleged infringement of European Patent EP 3 763 331 relating to a crimping device for stent-based valve prostheses. After Meril submitted a cease-and-desist declaration that Edwards accepted, the first-instance court found the interim measures moot, terminated the proceedings, and ordered Meril to bear the costs up to €200,000. Meril appealed seeking to shift the costs to Edwards and requested suspensive effect of the appeal.
Ocado Innovation Limited v.Respondent
In this legal proceeding before Luxembourg (LU) (decision issued on 2024-02-08) under reference UPC-001620, Ocado Innovation Limited appeared in dispute with Respondent concerning patent rights and legal remedies.
Meril Life Sciences Pvt Ltd., Meril GmbH v.Edwards Lifesciences Corporation
1 Order of the Court of Appeal of the Unified Patent Court issued on 18 January 2024 concerning an application for suspensive effect DEFENDANTS AND APPELLANTS 1. Meril GmbH Bornheimer Straße 135-137, 53119 Bonn, Germany 2. Meril Life Sciences Pvt Ltd. M1-M2, Meril Park, Su
Netgear Inc., Germany GmbH, International Limited v.Huawei Technologies Co. Ltd
This case concerns a request for discretionary review before the Court of Appeal of the Unified Patent Court regarding the admissibility of an appeal against an order by a judge rapporteur. The judge rapporteur had refused to refer his earlier decision (that the Applicants' preliminary objection would be dealt with in the main proceedings) to the panel for review under Rule 333.1 RoP. The standing judge allowed the discretionary review request, permitting the applicants to appeal the 11 December 2023 order, and referred the case to the President of the Court of Appeal for assignment to a panel.
Ocado Innovation Limited v.Autostore AS [et al.], Mathys & Squire LLP & Bristows (Ireland) LLP
In this legal proceeding before Luxembourg (LU) (decision issued on 2024-01-10) under reference UPC-001641, Ocado Innovation Limited appeared in dispute with Autostore AS [et al.], Mathys & Squire LLP & Bristows (Ireland) LLP concerning patent rights and legal remedies.
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This order concerns a procedural request by the Appellants (Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH) for expedition of appeal proceedings, specifically seeking shortening of the time period for lodging the Statement of response pursuant to R.9.3(b) RoP. The appeal was directed against an order of the Court of First Instance concerning the language of the proceedings under R.323 RoP. The Court of Appeal dismissed the request, finding that the interests of the Respondent (Panasonic Holdings Corporation) and principles of due process outweighed the Appellants' interest in expedition, even though this meant the Statement of defence in the main proceedings would have to be lodged in the contested language of proceedings.
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This order concerns an appeal before the Court of Appeal against an order of the Court of First Instance regarding the language of the proceedings under R.323 RoP. The Appellants (OPPO and OROPE Germany) filed a request on the last day of the time periods under R.224.1(b) and R.224.2(b) RoP for expedition of the appeal proceedings, seeking shortening of the time period for lodging the Statement of Response. The Court of Appeal dismissed the request for expedition, holding that despite the procedural inconvenience, the interests of the Respondent and principles of due process required that the Statement of Response be filed in the normal time period, even though this meant the Statement of Defence in the first instance proceedings had to be lodged in the contested language of proceedings.
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
The Court of Appeal of the Unified Patent Court dismissed a request by the Appellants (OPPO and OROPE) for expedition of the appeal, specifically seeking shortening of the time period under R.9.3(b) RoP for lodging the Statement of response. The request was filed on the last day of the time periods under R.224.1(b) and R.224.2(b) RoP in an appeal against an order concerning the language of proceedings (R.323 RoP). The Court held that the request had to be dismissed in view of the interests of the respondent and principles of due process, even though this meant the Statement of defence in the first instance proceedings would have to be lodged in the contested language of proceedings.
Ocado Innovation Limited v.Autostore companies
In this legal proceeding before Luxembourg (LU) (decision issued on 2023-12-11) under reference UPC-001665, Ocado Innovation Limited appeared in dispute with Autostore companies concerning patent rights and legal remedies.
Ocado Innovation Limited v.Third Party
In this legal proceeding before Luxembourg (LU) (decision issued on 2023-11-06) under reference UPC-001682, Ocado Innovation Limited appeared in dispute with Third Party concerning patent rights and legal remedies.
Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Sanofi Winthrop Industrie S.A., Regeneron Pharmaceuticals Inc. v.Amgen, Inc.
This appeal before the Court of Appeal of the Unified Patent Court concerned the date of service of a Statement of claim and the extension of procedural deadlines. The appellants (Sanofi entities and Regeneron) challenged a procedural order of the Munich Local Division that had rejected their request to recalculate the deadlines for lodging a Preliminary objection and Statement of defense based on the later availability of Annexes. The Court of Appeal set aside the impugned order, holding that while a Statement of claim without Annexes can be validly served under Rule 271 RoP, non-compliance with Rule 13.2 RoP (requiring simultaneous upload of Annexes) constitutes a reasoned request for extension of the terms under Rules 19.1 and 23 RoP.
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