Luxembourg (LU)
353 cases · page 4 of 12
Showing 91–119Koninklijke Philips N.V. v.Belkin GmbH, Belkin International Inc., and Belkin Limited
In this appellate decision, the UPC addressed both patent infringement and a counterclaim for revocation concerning an inductive power transfer system. The court affirmed the validity of the patent's scope while issuing a significant injunction requiring Belkin to recall and destroy infringing products. Crucially, the ruling provided detailed guidance on liability, particularly limiting the personal responsibility of company directors unless they actively participate in or knowingly facilitate infringement.
Koninklijke Philips N.V. v.Belkin GmbH, Belkin International Inc., and Belkin Limited
This UPC appellate decision addressed both patent infringement and a counterclaim for revocation concerning an inductive power transfer system. The court affirmed the validity of the core infringement finding, ordering Belkin to recall and destroy infringing products under Art. 64 EPGÜ. Crucially, the ruling provided significant guidance on interpreting 'offering' in commercial contexts and established clear legal boundaries regarding the liability of corporate directors for patent infringement.
Expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
In a significant decision regarding patent scope, the UPC Board of Appeal invalidated key claims of EP 3 926 698. The core finding centered on the doctrine of impermissible expansion, holding that a claim cannot extend beyond what was clearly and unambiguously disclosed in the original application documents. This ruling reinforces strict interpretation requirements for divisional applications, emphasizing that the scope must be traceable to both the initial filing and the parent PCT application. For patent practitioners, this case serves as a strong reminder of the critical importance of precise drafting and disclosure during the prosecution phase.
expert klein GmbH v.Seoul Viosys Co., Ltd.
In this UPC appeal, expert klein GmbH successfully challenged the validity of EP 3 926 698 held by Seoul Viosys Co., Ltd. The court ruled that Claim 1 was invalid because it contained an impermissible extension of subject matter. Specifically, features not clearly and unambiguously disclosed in the original application or PCT filing were deemed outside the scope of protection. This decision reinforces strict interpretation principles regarding claim scope derived from initial patent disclosures, a critical point for IP strategy.
Bruker Spatial Biology, Inc. v.10x Genomics, Inc.
This UPC Court of Appeal decision addressed a procedural dispute concerning the costs associated with an application for damages/compensation. Bruker appealed the limitation on the reimbursement of court fees related to its request to lay open books, arguing that such proceedings should not incur separate fees. The Court firmly upheld the requirement for Bruker to pay both fixed and value-based fees, confirming that compensation determination is a distinct quantum proceeding under the RoP. This ruling clarifies the financial obligations parties face when seeking damages or compensation in UPC litigation.
Washtower IP B.V. v.Industriebeteiligungs- und Beratungs GmbH
This UPC Court of Appeal decision is a purely procedural order granting an extension of time to the Appellants (defendants from the CFI proceedings). The Appellants requested more time to prepare their grounds of appeal due to professional constraints, including mandatory attendance at an EPO hearing. The Court granted a three-working-day extension, emphasizing the principles of due process while ensuring the Respondents' interests were secured by the enforceability of the original order.
Telefonaktiebolaget LM Ericsson v.ASUSTEK Computer Inc.
In a significant procedural ruling, the UPC Court of Appeal admitted Apple Inc. as an intervener in ongoing infringement and revocation proceedings between Ericsson and ASUS/Arvato. The core issue was whether Apple had sufficient legal interest to participate in appeals concerning the confidentiality regime for sensitive license agreements. The court affirmed that intervention is possible even when the matter relates to interim procedural orders, provided a direct legal interest can be demonstrated. This decision clarifies the scope of 'legal interest' under UPC Rules of Procedure (RoP), setting a precedent for how third parties can participate in complex litigation concerning trade secrets and confidential information.
Sun Patent Trust v.Vivo Mobile Communication Co.,Ltd.
This procedural order concerns Apple's successful application to intervene in an appeal brought by Sun Patent Trust against Vivo Mobile Communication Co.,Ltd. The core dispute involved the confidentiality regime applied to highly confidential information (HCI) related to licensing agreements. The Court of Appeal admitted Apple as an intervener, recognizing its direct legal interest in protecting its sensitive business data from disclosure to Vivo's employees. This decision is significant for IP practitioners dealing with complex litigation involving trade secrets and commercial interests within the UPC framework.
Telefonaktiebolaget LM Ericsson v.ASUSTEK Computer Inc.
This UPC Court of Appeal decision concerns an application by Apple Inc. to intervene in ongoing infringement and revocation proceedings between Ericsson and ASUS/Arvato. The court ruled that Apple possessed a legal interest, allowing its admission as an intervener supporting Ericsson's request for a stricter 'external eyes only' confidentiality regime. This ruling is significant as it clarifies the scope of intervention under UPC Rules of Procedure, confirming that interests in interim orders are sufficient grounds for participation.
Sun Patent Trust v.Vivo Mobile Communication Co.,Ltd.
This procedural order concerns Apple Inc.'s successful application to intervene in an appeal brought by Sun Patent Trust against Vivo Mobile Communication Co.,Ltd. The core dispute involved the scope of confidentiality regarding highly confidential information (HCI) related to licensing agreements. The Court of Appeal admitted Apple, recognizing its direct legal interest in preventing the disclosure of its sensitive business data to VIVO employees. This decision reinforces the procedural mechanisms available for third parties whose interests are affected by ongoing litigation.
Bodycap v.Office européen des brevets (OEB)
This UPC Court of Appeal decision addresses the strict procedural requirements for obtaining unitary effect under the Unitary Patent Regulation (RPU). The appeal, brought by co-owners against the EPO's rejection of their request, centered on whether a late response to an invitation to correct administrative irregularities could be remedied. The court firmly ruled that the one-month deadline set out in Rule 7(3) RPU is absolute and non-negotiable. This case serves as a critical reminder for patent holders regarding the procedural rigidity when transitioning from national/European patents to unitary protection.
CeraCon GmbH v.Sunstar Engineering Inc.
This UPC Court of Appeal decision addresses a procedural challenge regarding the scope of claim amendments under Rule 263 RoP. CeraCon GmbH sought to amend its counterclaim for revocation by introducing a new ground of invalidity based on prior art (EP’480). The court denied this request, emphasizing that parties must demonstrate reasonable diligence in their prior art searches. This ruling reinforces the strict procedural requirements governing claim amendments within UPC proceedings.
Centripetal Limited v.Keysight Technologies Deutschland GmbH; Keysight Technologies, Inc.
This UPC Court of Appeal decision addressed a procedural dispute regarding the allowance of further written pleadings in an infringement action. Centripetal Limited sought to introduce evidence concerning a newly released infringing product (AI Stack) by requesting a discretionary review of the CFI's rejection. The court ultimately denied the request, prioritizing the principle of expeditious proceedings and finding that Centripetal's delay in filing was a relevant factor. This ruling reinforces the strict application of procedural rules within the UPC framework.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
This UPC Court of Appeal decision addressed an application for suspensive effect filed by Sun Patent Trust against a confidentiality order issued by the Court of First Instance. The dispute centered on restricting access to highly confidential information (HCI) within ongoing infringement proceedings involving Vivo Mobile Communication. The Court ultimately rejected the request, finding that even if HCI was disclosed, the appeal would not become devoid of purpose because it addresses both access and usage conditions for the sensitive data.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
This UPC Court of Appeal decision addressed an application for suspensive effect concerning a confidential information order issued by the Court of First Instance. Sun Patent Trust sought to halt the disclosure of highly confidential information (HCI) to designated employees of Vivo, arguing that continued access would render its appeal pointless. The Court ultimately rejected this request, finding that the appeal would not become devoid of purpose and that the claimant failed to establish a risk of irreparable harm.
LIFE 365 S.R.L. v.LAMA FRANCE
This UPC Court of Appeal decision concerns the withdrawal of an intervention application filed by LIFE 365 in a complex infringement and revocation case involving LAMA France and HPDC. The court ruled that because the main procedure had already been closed following the parties' agreement, the request for withdrawal was valid. This ruling clarifies the procedural mechanism for withdrawing interventions when the underlying litigation has concluded.
Kodak Holding GmbH v.Fujifilm Corporation
This Court of Appeal decision addressed a procedural application regarding confidentiality during appeal proceedings. Kodak, the appellant, sought a new confidentiality order under R. 262A RoP, citing the need to protect trade secrets in its grounds of appeal. The UPC ruled that since the original CFI orders explicitly stipulated their continuation into appellate stages, the requests for a new regime were superfluous and dismissed.
Barco N.V. v.Yealink (Xiamen) Network Technology Co. Ltd., Yealink (Europe) Network Technology B.V.
In this appeal concerning a request for simultaneous interpretation, the UPC Court of Appeal ruled against Yealink's application. The court emphasized that while procedural fairness is important, the adversarial nature of UPC proceedings means such requests must be highly justified. The ruling clarifies that general difficulties faced by non-native speakers or company officials do not automatically mandate court-ordered translation services.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This UPC Court of Appeal decision addressed a request for rectification filed by Microsoft following a default judgment issued against Suinno. Microsoft sought to amend the decision to include a notice (R. 356.3 RoP) warning that any subsequent default would be final. The Court rejected this application, emphasizing that the subject matter of appeal proceedings is strictly limited to what was requested by the parties. This ruling reinforces the principle that procedural requests must be raised within the scope of the initial litigation or appeal.
Seoul Viosys Co., Ltd. v.expert klein GmbH; expert e-Commerce GmbH
This decision from the UPC Board of Appeal addresses procedural matters following an oral hearing in a complex infringement and revocation case. The claimant, Seoul Viosys Co., Ltd., attempted to submit additional written arguments after the proceedings concluded. The Court firmly ruled that once the oral phase is complete, the matter is ready for judgment, and further submissions are generally inadmissible unless explicitly permitted by the court under strict rules.
expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This UPC appellate decision addressed an appeal concerning a cost determination following the revocation of a patent. The claimant, expert e-Commerce GmbH and expert klein GmbH, challenged the procedural deadlines set out in the Rules of Procedure (VerfO), arguing they conflicted with the European Patent Convention (EPÜ). However, the court rejected the request for admission to appeal, concluding that the legal questions raised had already been settled by prior rulings. This case reinforces the established procedural framework within the UPC and limits the scope for seeking preliminary interpretations from the CJEU on internal UPC procedures.
Ballinno B.V. v.Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA), Kinexon GmbH
This UPC Court of Appeal decision addresses the release of security for legal costs following a settlement agreement. Ballinno B.V., who had provided €25,000 in security, successfully petitioned the court to have this amount released and transferred to Kinexon Sports GmbH. The ruling confirms that even when not explicitly covered by the rules, procedural provisions can be applied analogously to facilitate the conclusion of litigation.
RiVOLUTiON GmbH v.Cilag GmbH International
This UPC appeal case concerned RiVOLUTiON GmbH's attempt to suspend an injunction issued by the Local Court Munich against it. Rivolution argued that the original decision contained evident legal errors regarding procedural fairness, damages, and enforcement security. The Appeals Chamber ruled that most of these alleged errors could not be assessed without reviewing the detailed grounds of the initial judgment. Consequently, the request for suspension was denied, meaning the injunction remains in effect until further appeal.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
This UPC Court of Appeal decision clarifies the strict procedural requirements for seeking suspensive effect in patent litigation. The court ruled that an application for a stay of proceedings is inadmissible if it is filed before the formal Statement of appeal has been lodged and the associated fees paid. This ruling reinforces the principle that legal interest must be established through proper appellate procedure, even when urgency is claimed.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
This UPC Court of Appeal decision clarifies the strict procedural requirements for obtaining suspensive effect in patent litigation. The claimant, Sun Patent Trust, sought to suspend an order from the Court of First Instance before formally lodging its appeal. The court ruled that even under provisions allowing for extreme urgency, a formal Statement of appeal and payment of fees are prerequisites for such an application to be admissible. This ruling reinforces the procedural rigor required when challenging interim decisions within the UPC framework.
Barco N.V. v.Yealink (Xiamen) Network Technology Co. Ltd. and Yealink (Europe) Network Technology B.V.
This UPC Court of Appeal decision addressed procedural applications from Barco N.V., which sought leave to change its infringement claim and requested an exchange of further written pleadings against Yealink. The court denied the request for a claim amendment because it broadened the scope without sufficient justification regarding prior diligence. Furthermore, the application for more written exchanges was rejected as no new facts or evidence were introduced by the respondent. This ruling reinforces strict procedural requirements within UPC proceedings concerning claim amendments and the introduction of new arguments.
Boehringer Ingelheim International GmbH v.Zentiva Portugal, LDA.
In a significant decision regarding generic drug competition, the UPC Court of Appeal granted provisional measures in favor of Boehringer Ingelheim against Zentiva. The court held that the completion of national health technology assessments and reimbursement procedures for generics can constitute an imminent infringement threat, even before market launch. This ruling reinforces the proactive nature of the UPC's jurisdiction across all member states, providing a strong deterrent against premature generic entry.
Lionra Technologies Ltd. v.Cisco Systems GmbH / Cisco Systems, Inc.
This UPC Board of Appeal decision addressed a procedural application concerning the extension of deadlines in an ongoing infringement case involving Cisco and Lionra Technologies Ltd., relating to EP 2 201 740. The core issue was balancing the need for adequate time for Cisco to respond, given late access to confidential information, against the urgency required by Lionra. The Court ultimately granted a two-week extension, allowing the appeal process to continue.
Swarco Futurit Verkehrssignalsysteme GmbH v.Strabag Infrastructure & Safety Solutions GmbH
This UPC appellate decision addressed a request for confidentiality regarding technical data and measurement reports in an infringement case involving traffic signaling systems. The court confirmed that certain non-obvious product properties qualify as trade secrets under Article 58 EPC, provided they are kept confidential. While the court granted protection to specific documents submitted by Strabag, it rejected broader requests from both Swarco (the claimant) and Chainzone (the assisting party), setting clear boundaries on information disclosure in UPC proceedings.
OTEC Präzisionsfinish GmbH v.STEROS GPA Innovative S.L.
This procedural order from the UPC Court of Appeal addresses an appeal concerning provisional measures related to patent EP 4 249 647. The core issue was OTEC's request for further written pleadings after STEROS introduced new experimental evidence during the appellate phase. Citing principles of due process, the court allowed OTEC a limited time frame to address these newly presented facts, keeping the main appeal proceedings alive.
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