353 cases · page 6 of 12
Showing 151–179Visibly Inc. v.Respondent
Visibly Inc. appealed an order of the Hamburg Local Division concerning security for legal costs in its patent infringement action against Easee. After the proceedings were stayed due to insolvency proceedings against the Easee companies, Visibly applied to withdraw the appeal citing an out-of-court settlement, to which Easee consented. The Court of Appeal permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the appeal court fees to Visibly.
Koninklijke Philips N.V. v.Belkin Limited, Belkin GmbH, Belkin International, Inc.,
This decision concerns the withdrawal of a cost assessment application filed by Koninklijke Philips N.V. before the Court of Appeal. Philips had filed the application by mistake, as cost assessment applications fall under the jurisdiction of the Court of First Instance (Local Chamber Munich). The Court of Appeal allowed the withdrawal under Rule 265(1) of the Rules of Procedure without requiring a hearing of Belkin, declared the proceedings terminated, and ordered no separate cost decision.
MAGUIN SAS v.TIRU, VALINEA ENERGIE
1 ORDONNANCE de la Cour d’appel de la Juridiction unifiée du brevet rendue le 15 juillet 2025 concernant une demande de révision d’une ordonnance de conservation des preuves EN-TETE (i) Lors de l’examen de la demande de conservation des preuves, la Juridiction exerce son pouvoir d’ap
VALINEA ENERGIE SASU v.TIRU SAS
1 ORDONNANCE de la Cour d’appel de la Juridiction unifiée du brevet rendue le 15 juillet 2025 concernant une demande de révision d’une ordonnance de conservation des preuves EN-TETE (i) Lors de l’examen de la demande de conservation des preuves, la Juridiction exerce son pouvoir d’
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Peter Hendrik Blok Digitally signed by Peter Hendrik Blok Date: 2025.07.12 11:06:47 +02'00' Signé numériquement par EMMANUEL, LUCIEN, RENÉ GOUGÉ Date : 2025.07.12 16:09:50 +02'00' EMMANUEL, LUCIEN, RENÉ GOUGÉ Signé numériquement par EMMANUEL, LUCIEN, RENÉ GOUGÉ Date : 2025.07.12 16:11:2
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
Peter Hendrik Blok Digitally signed by Peter Hendrik Blok Date: 2025.07.12 11:07:34 +02'00' Signé numériquement par EMMANUEL, LUCIEN, RENÉ GOUGÉ Date : 2025.07.12 16:13:46 +02'00' EMMANUEL, LUCIEN, RENÉ GOUGÉ Signé numériquement par EMMANUEL, LUCIEN, RENÉ GOUGÉ Date : 2025.07.12 16:14:09
OTEC Präzisionsfinish GmbH v.Steros GPA Innovative S.L.
The Court of Appeal of the Unified Patent Court rejected OTEC Präzisionsfinish GmbH's application for suspensive effect of its appeal against a preliminary injunction order issued by the Hamburg Local Division. The Court held that OTEC failed to demonstrate exceptional circumstances justifying suspension, as it did not establish that the impugned order contained manifest errors or violated fundamental procedural rights.
Astronergy Solarmodule GmbH, Astronergy Solar Netherlands B.V., Astronergy GmbH, Chint Solar Netherlands B.V., Astronergy Europe GmbH, Chint New Energy Technology Co., Ltd. v.JingAo Solar Co., Ltd.
The Court of Appeal of the Unified Patent Court allowed Chint's appeal against the Hamburg Local Division's refusal to order security for costs in patent infringement proceedings concerning EP 4 092 759. The Court held that the fact that JingAo Solar is based in China, a non-EU/EEA state, combined with documented difficulties in serving documents in China, supported a finding that enforcement of a cost decision would be unduly burdensome. The Court ordered JingAo to provide security for costs in the amount of €200,000.
Chint New Energy Technology Co., Ltd. v.JingAo Solar Co., Ltd.
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding a security for costs order. The Munich Local Division's judge-rapporteur had ordered Chint to provide security for costs in favor of JingAo in infringement proceedings concerning European patent EP 2 787 541. The Court of Appeal declared the appeal inadmissible, holding that a security for costs order issued by a judge-rapporteur is a case management order under R. 333.1 RoP that may only be appealed after review by the panel of the Court of First Instance.
Network System Technologies LLC v.Qualcomm Incorporated, Qualcomm Germany GmbH, Qualcomm Technologies, Inc.
This appeal concerned access to confidential information under Rule 262A RoP in three patent infringement actions brought by Network Systems Technologies LLC (NST) against Qualcomm entities before the Munich Local Division. The Court of Appeal rejected both NST's appeal seeking access for an additional US attorney (Peter Krusiewicz) and Qualcomm's cross-appeal seeking to revoke access even for the one US attorney (Daniel S. Stringfield) already granted access by the Munich LD. The Court held that the Munich LD's discretionary decision to grant access to only one trusted US attorney was not flawed, as NST failed to demonstrate that more than one US attorney was necessary.
Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc. v.Respondent
This case concerns an application for reimbursement of court fees following the settlement of an appeal in a patent revocation action. Tandem Diabetes had filed a revocation action against Roche Diabetes regarding EP 2 196 231, which was dismissed by the Central Division Paris. After the parties settled, Tandem Diabetes sought reimbursement of 60% of the appeal court fees. The Court of Appeal held that, since the written procedure had not been closed at the time of settlement, Tandem Diabetes was entitled to a 60% reimbursement of the appeal court fees.
Appellant*** v.ORTHOAPNEA S.L., VIVISOL B BV
1 Beslissing van het Hof van Beroep van het Eengemaakt Octrooigerecht betreffende een verzoek tot intrekking van het beroep uitgesproken op 3 juli 2025 INHOUDSINDICATIE De begroting van de te vergoeden proceskosten na de intrekking van een vordering of beroep is overeenkomstig R. 2
Advanced Bionics AG v.Respondent
This decision of the Court of Appeal concerns an application by Advanced Bionics to withdraw a revocation action and a counterclaim for revocation concerning European Patent EP 4 074 373, with the agreement of MED-EL. The Court permitted the withdrawal, declared the proceedings closed, and ordered a 60% reimbursement of the appeal court fees for both parties. The Court rejected the parties' requests for a 100% reimbursement of one of their two appeal fees, holding that separate court fees were required for appeals against the revocation action and against the counterclaim for revocation, as these constitute separate actions under Art. 32(1) UPCA.
Tiroler Rohre GmbH v.SSAB Swedish Steel GmbH, SSAB Europe Oy
This case concerns an appeal by Tiroler Rohre GmbH against a cost assessment order issued by the Local Division Munich in proceedings concerning EP 2 839 083. Tiroler Rohre had applied for provisional measures against SSAB but withdrew the application after the court indicated concerns during the oral hearing. The Local Division ordered Tiroler Rohre to pay costs, and SSAB subsequently sought detailed cost assessment. Tiroler Rohre appealed, arguing that a separate cost assessment procedure was inadmissible because the cost decision had already been made together with the withdrawal decision under Rule 265 of the Rules of Procedure.
Advanced Bionics GmbH v.Respondent
This decision of the Court of Appeal concerns an application by Advanced Bionics to withdraw a revocation action and a counterclaim for revocation concerning European Patent EP 4 074 373, with the agreement of MED-EL. The Court permitted the withdrawal, declared the proceedings closed, and ordered a 60% reimbursement of the appeal court fees to both parties. The Court rejected the parties' requests for a 100% reimbursement of one of their two appeal fees, holding that separate court fees were required for appeals against the revocation action and the counterclaim for revocation since they constitute separate actions under Article 32(1) UPCA.
Easee Holding B.V., Easee B.V., *** v.Visibly Inc.
This appeal concerned cross-appeals against an order of the Hamburg Local Division requiring Easee to provide security for legal costs of EUR 75,000 for the revocation action in proceedings involving patent EP 3 918 974. Following the Local Division's order staying the proceedings in their entirety due to insolvency proceedings regarding the Easee companies, the Court of Appeal stayed the appeal proceedings as they were devoid of purpose during the stay.
Easee B.V., ***, Easee Holding B.V. v.Visibly Inc.
The Court of Appeal of the Unified Patent Court granted suspensive effect to Easee's appeal against a Hamburg Local Division order requiring Easee to provide EUR 75,000 in security for costs related to a revocation counterclaim in a patent infringement action brought by Visibly Inc. concerning EP 3 918 974. The court found that the first instance order contained a manifest legal error, consistent with its prior ruling in AorticLab vs. Emboline, which established that Article 69(4) UPCA does not provide a legal basis for ordering security for costs at the request of a claimant in an infringement action, nor in response to a counterclaim for revocation. The managing director's application was granted outright, while the Easee companies' application was granted provisionally pending resolution of a competence issue regarding their legal representation following their insolvency.
Ballinno B.V. v.Kinexon GmbH, Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA)
This appeal concerned an order for security for costs and the disposal of an action that had become devoid of purpose. Ballinno B.V., the proprietor of European patent EP 1 944 067 relating to a method and system for detecting an offside situation, had applied for provisional measures against the Kinexon companies and UEFA before the Hamburg Local Division. After withdrawing its requests for provisional measures on appeal, the Court of Appeal held that the action had become devoid of purpose and disposed of it pursuant to R. 360 RoP, treating Ballinno as the unsuccessful party at both instances.
Sumi Agro Europe Limited, Sumi Agro Limited v.Syngenta Limited
The Court of Appeal of the Unified Patent Court dismissed an appeal by Sumi Agro seeking revocation of provisional measures against it. The court held that court fees are considered paid on time if a transfer order is given to a bank at the time of lodging the relevant pleading, provided the payment is subsequently received in the Court's bank account. Applying this interpretation, the court found that Syngenta had timely started proceedings on the merits.
Plant-e Knowledge B.V. v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 2 137 782. Plant-e had initiated infringement proceedings against Arkyne before The Hague Local Division, and Arkyne had filed a counterclaim for revocation. After the Local Division found infringement and rejected the revocation counterclaim, Arkyne appealed. The parties subsequently reached a settlement and jointly requested the Court of Appeal to confirm the settlement, keep its contents confidential, and Arkyne additionally sought reimbursement of 60% of the Court fees.
AorticLab srl v.Emboline, Inc.
The Court of Appeal of the Unified Patent Court set aside an order of the Munich Local Division that had required AorticLab to provide security for costs of €200,000 in an infringement action brought by Emboline concerning EP 2 129 425. The Court held that Article 69(4) UPCA deliberately restricts the right to request security for costs to defendants, and that this rationale does not extend to a claimant in an infringement action seeking security against a defendant who has filed a counterclaim for revocation.
Alexion Pharmaceuticals, Inc. v.Respondent
Alexion Pharmaceuticals, proprietor of European Patent 3 167 888 concerning treatment of paroxysmal nocturnal hemoglobinuria, applied for a rehearing of the Court of Appeal's order dismissing its appeal against the Hamburg Local Division's refusal of provisional measures against Samsung Bioepis. Alexion alleged fundamental procedural defects, claiming the Court of Appeal applied a new claim interpretation standard without giving it an opportunity to be heard and based its decision on incorrect facts. The Court of Appeal rejected the application as not allowable, holding that a rehearing is an extraordinary remedy requiring a defect so fundamental that the same decision could not have been reached without it, and that mere disagreement with the court's reasoning does not constitute such a defect.
ILME GmbH Elektrotechnische Handelsgesellschaft, Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that had rejected ILME's objection under R. 19.1(a) RoP in a patent infringement action concerning EP 3 602 692. Following an out-of-court settlement between the parties, the Local Division Munich allowed the withdrawal of the main infringement action on June 5, 2025. The Court of Appeal dismissed the appeal as moot under R. 360 RoP, finding that ILME no longer had any legal interest in a decision on the appeal.
Knaus Tabbert AG v.Respondent
This order from the Court of Appeal, dated June 17, 2025, addresses an objection (Gegenvorstellung) filed by Knaus Tabbert AG against the rejection of its request for suspensive effect under Rule 223 of the Rules of Procedure. The underlying dispute concerns alleged infringement of European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The Court of Appeal held that an objection that merely challenges the reasoning expressed in the rejecting order, without raising new substantive grounds, is inadmissible.
Hurom Co., Ltd. v.NUC Electronics Co., Ltd
The Court of Appeal of the Unified Patent Court dismissed NUC Electronics' application for suspensive effect of its appeal against a decision of the Mannheim Local Division finding infringement of EP 2 028 981. The Court held that NUC failed to demonstrate exceptional circumstances justifying suspension, particularly given that the information disclosure order under Art. 67 UPCA is a measure necessary to ensure a high level of IP protection and is subject to use restrictions already imposed by the first instance.
Hanshow France SAS, Hanshow Germany GmbH, Hanshow Netherlands B.V., Hanshow Technology Co. Ltd v.SES-imagotag SA
This decision of the Court of Appeal addressed a late application for cost assessment (Rule 151 RoP) filed by Hanshow following interim measures proceedings against VusionGroup concerning EP 3 883 277. The court clarified that the one-month deadline under Rule 151.1 RoP begins with service of the substantive decision, not with service of an interim measures order, and that failure to meet this deadline can only be remedied by reinstatement under Rule 320 RoP. The appeal was dismissed, and Hanshow was ordered to bear its own costs of the cost assessment proceedings, except for the court fee.
Hybridgenerator ApS v.Infotech Concept ApS, Infotech Holding ApS, HGSystem ApS, HGSystem Holding ApS, ***
This appeal concerned the composition of the Court when adjudicating on a request for the imposition of periodic penalty payments under R. 354.4 RoP. The Court of Appeal held that such a request must be adjudicated by a panel, not by a single judge. The appeal was brought by Hybridgenerator ApS against an order of the Copenhagen Local Division dated 3 March 2025, which had declined to impose penalty payments on the Respondents in proceedings concerning alleged infringement of European Patent EP 4 238 202.
Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc. v.Respondent
This case concerns an appeal by Tandem Diabetes against a decision of the Central Division Paris dated 18 December 2024, which had dismissed their revocation action concerning EP 2 196 231 (a patent relating to a system for ambulatory drug infusion) and ordered Tandem Diabetes to bear the costs. Following the filing of the appeal, the parties informed the Court of Appeal that they had concluded the proceedings by way of settlement. The Court of Appeal confirmed the settlement pursuant to Rule 365 of the Rules of Procedure, terminated the appeal proceedings, and ordered that each party bear its own costs.
XSYS Italia S.r.l., XSYS Prepress N.V., XSYS Germany GmbH v.Esko-Graphics Imaging GmbH
This is an appeal before the Court of Appeal concerning a preliminary objection (R. 19 RoP) regarding the competence of the Court under the UPC Agreement. The dispute centers on whether the Court has jurisdiction to hear claims relating to acts of infringement that occurred before the entry into force of the UPCA, and the effect of an opt-out and subsequent withdrawal on the Court's competence. The appellants (XSYS entities) challenged the competence of the Court, while the respondent (Esko-Graphics Imaging GmbH) argued that the UPC has jurisdiction. The Court of Appeal addressed the temporal scope of Art. 32(1) UPCA, the transitional regime under Art. 83 UPCA, and the implications of opt-out withdrawals.
Belkin Limited, Belkin International, Inc., Belkin GmbH v.Koninklijke Philips N.V.
This case concerned an appeal and cross-appeal against an order of the Local Division Munich dated December 17, 2024, regarding coercive fines imposed on Belkin for non-compliance with an information obligation under Article 67(1) EPGÜ. The Court of Appeal addressed five key legal questions relating to the setting of deadlines for providing information, the imposition of coercive fines even after belated compliance, the burden of proof regarding compliance, the scope of required disclosures (including manufacturer prices), and the permissible form of the information. The Court issued five guiding principles clarifying the procedural framework for enforcing information orders and the conditions for imposing coercive fines.
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