353 cases · page 8 of 12
Showing 211–239Hand Held Products, Inc. v.Respondent
The Court of Appeal issued an order concerning a withdrawal request under Rule 265.1 of the Rules of Procedure. Hand Held Products, Inc. had obtained a preliminary injunction from the Local Division Munich against Scandit AG for indirect infringement of claims 1 and 10 of European Patent EP 3 866 051. After Scandit appealed, Hand Held Products requested withdrawal of the provisional measures request, to which Scandit consented. The Court of Appeal allowed the withdrawal and declared the proceedings terminated.
PHOENIX CONTACT GmbH & Co. KG v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that rejected ILME's objection under Rule 19 RoP. Phoenix, the respondent, requested a three-week extension to file its response to the appeal brief. The Court of Appeal granted only a three-day extension, finding that a longer extension would contradict the principle of equality of arms and that the competence question raised should be resolved expeditiously given the pending main proceedings.
STÄUBLI TEC-SYSTEMS GMBH v.Respondents
This appeal concerned the allocation of costs in a revocation action before the Unified Patent Court after the former patent proprietors waived the patent in suit (EP 3 170 639). Stäubli Tec-Systems GmbH had filed a revocation action against the patent proprietors, who subsequently waived the patent. The Court of Appeal addressed whether an exception to the general 'loser pays' rule under Article 69(1) EPGÜ applies when a patent proprietor waives the patent at the outset of revocation proceedings without having provoked the action.
Amazon Europe Core S.à.r.l.; Amazon EU S.à r.l.; Amazon.com, Inc. v.Nokia Technologies Oy
This case concerns an infringement action filed by Nokia Technologies Oy against Amazon entities regarding European Patent EP 2 661 892, in which Amazon raised a FRAND competition law defense based on a compulsory license. The dispute at the appellate stage centered on the production of license agreements, with the Local Division Munich having ordered Nokia to produce certain agreements while rejecting Amazon's request for additional agreements and royalty statements. The Court of Appeal issued a procedural order addressing Amazon's request for leave to file a further reply to Nokia's appeal response.
President and Fellows of Harvard College v.Respondent
The Court of Appeal issued an order regarding applications for reimbursement of court fees in three appeal proceedings related to European Patent EP 4108782. Following the permitted withdrawal of the appeals against three contested orders of the Court of First Instance (Local Division Hamburg), 10x Genomics and Harvard College applied for partial reimbursement of court fees. The Court of Appeal granted the applications, ordering 60% reimbursement for one appeal withdrawn before completion of written proceedings and 20% reimbursement for two appeals withdrawn before completion of oral proceedings, finding that the requirements of Rule 370.9(b) of the Rules of Procedure were met.
President and Fellows of Harvard College, 10x Genomics, Inc. v.Respondent
This order concerns three appeals filed by 10x Genomics and Harvard College against orders of the Local Division Hamburg of the Unified Patent Court in infringement proceedings against Vizgen concerning EP 4108782. The Court of First Instance had partially granted Vizgen's three requests under Rule 190.1 of the Rules of Procedure for the production of documents. 10x filed appeals against those orders but subsequently applied for withdrawal of all three appeals, to which Vizgen consented. The Court of Appeal allowed the withdrawal of the appeals and noted that no cost decision was necessary since both parties had waived cost claims.
Sumi Agro Europe Limited v.Syngenta Limited
This appeal concerned provisional measures in a patent infringement dispute over European Patent EP 2 152 073 relating to herbicidal compositions. The Court of Appeal of the Unified Patent Court largely upheld the Munich Local Division's order finding that Sumi Agro's 'Kagura' herbicide more likely than not infringed the patent, while adding Romania to the territorial scope and reversing the cost decision to order Sumi Agro to bear Syngenta's costs.
Curio Bioscience, Inc v.10x Genomics, Inc.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning the withdrawal of an appeal. Curio Bioscience, Inc. had appealed an order of the Düsseldorf Local Division requiring it to provide security for legal costs of EUR 200,000 in favor of 10x Genomics, Inc. in connection with a patent infringement action regarding EP 2 697 391. Curio subsequently applied to withdraw its appeal, and 10x did not object, leading the Court of Appeal to permit the withdrawal and close the proceedings.
Biolitec Holding GmbH & Co. KG v.Light Guide Optics Germany GmbH, S.I.A. LIGHTGUIDE International
Biolitec, the proprietor of European patent EP 3 685 783, sought provisional measures against the Lightguide companies for alleged patent infringement. The Court of First Instance (Local Division Düsseldorf) refused the provisional measures by order of 5 September 2024. On appeal, the Court of Appeal upheld this refusal, finding that Biolitec had not demonstrated that provisional measures were necessary because proceedings on the merits could be awaited, and that the requested measures would change a market status quo established years before the patent's grant.
Hanshow France SAS, Hanshow Netherlands B.V., Hanshow Technology Co. Ltd, Hanshow Germany GmbH v.SES-imagotag SA
This order from the Court of Appeal concerns court fees for the appeal instance, an application for a default decision, and an application for leave to appeal against a cost decision. The underlying dispute involves EP 3 883 277, where VusionGroup's application for interim measures against the Hanshow companies was rejected by the Local Division Munich, with VusionGroup ordered to pay costs. The Court of Appeal addressed procedural issues regarding the cost determination application and the admissibility of the appeal.
Aarke AB v.Respondent
Aarke AB appealed an order of the Düsseldorf Local Division finding it had infringed EP 1 793 917 and granting an injunction. Before the appeal was decided, Aarke applied to withdraw the appeal pursuant to R. 265 RoP and sought reimbursement of court fees. The Court of Appeal permitted the withdrawal, declared no cost decision was necessary since Sodastream filed no comments or cost requests, and ordered 60% reimbursement of the appeal court fees to Aarke.
Network System Technologies LLC v.Respondent
This case concerns an application by Network System Technologies LLC (NTS) for the release of security deposits following the withdrawal of patent infringement actions against AUDI AG. The Court of Appeal had previously ordered NST to provide security for costs totaling EUR 500,000 across three proceedings. After NTS withdrew the infringement actions and the Munich Local Division closed the proceedings, the Court of Appeal ordered the full release and return of the deposited security amounts.
Abbott Diabetes Care Inc. v.Sibio Technology Limited, Umedwings Netherlands B.V.
Abbott Diabetes Care Inc. appealed a decision by the UPC Local Division The Hague that denied its request for a preliminary injunction against Sibio Technology Limited and Umedwings Netherlands B.V. (collectively "Sibionics") for alleged infringement of European Patent EP 3 831 283 relating to an on-body glucose monitoring device. The Court of Appeal set aside the first instance order, finding that the patent claims did not contain added matter, and granted a preliminary injunction prohibiting Sibionics from infringing the patent with its GS1 CGM product, along with information and delivery-up orders.
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Respondents
This appeal before the Court of Appeal of the Unified Patent Court concerned whether a European Patent Attorney who is also a party to proceedings must be represented by an independent representative under Rule 8.1 RoP. The Court held that lawyers and European Patent Attorneys are not exempted from the duty to be represented when they themselves are parties, and that a person holding a high-level management position (such as Chair of the Board) cannot represent a legal person. The Court allowed Respondent 1 and SWAT Medical AB 14 days to appoint authorised representatives and lodge a Statement of response.
Meril Italy srl v.Respondents
This appeal concerned an order of the Central Division Paris (14 October 2024) granting Respondent 1 and SWAT Medical AB access to pleadings and evidence in revocation proceedings between Meril Italy and Edwards Lifesciences Corporation under Rule 262.1(b) RoP. Meril Italy challenged the validity of the access request, arguing that Respondent 1's self-representation was impermissible under Art. 48 UPCA and that he could not validly represent SWAT Medical AB as its Board Chair. The Court of Appeal held that representation is a matter of public policy that may be examined at any time, and that neither self-representation nor representation by a person holding a high-level management position is permitted before the UPC.
Daedalus Prime LLC v.Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH
The Court of Appeal of the Unified Patent Court set aside an order of the Hamburg Local Division that had denied Daedalus Prime LLC's two US attorneys access to confidential information disclosed by Xiaomi in infringement proceedings concerning European patent EP 2 792 100. The Court held that Rule 262A.6 RoP does not require the person granted access to be an employee of a party or a representative within the meaning of Art. 48 UPCA, and that the US attorneys' technical expertise and familiarity with the patent justified granting them full access. The orders of the judge-rapporteur of 30 July 2024 and 3 September 2024 were amended to extend access to the two US attorneys.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
The Court of Appeal of the Unified Patent Court upheld the Court of First Instance's decision declaring inadmissible Suinno's R. 262A RoP application for confidentiality, on the ground that Suinno's representative, who was also its managing director and main shareholder, could not be considered independent under Art. 48(5) UPCA. The Court of Appeal held that no corporate representative or natural person holding extensive administrative and financial powers within a legal person may serve as that legal person's representative before the UPC, regardless of whether they are otherwise qualified as a UPC representative.
Newyu,Inc., Abbott Laboratories, Abbott Laboratories A/S, Abbott Scandinavia Aktiebolag, Abbott Diabetes Care Inc., Abbott GmbH, Abbott Logistics B.V., Abbott S.r.l., Abbott Gesellschaft m.b.H., Abbott Oy, Abbott Diagnostics GmbH, Abbott, Abbott B.V. v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 3 831 282. DexCom had initiated infringement proceedings against the Abbott companies before the Paris Local Division, which were met by a counterclaim for revocation. The Paris Local Division revoked the patent entirely and dismissed DexCom's infringement claims. On appeal, DexCom withdrew its infringement action and the Abbott companies withdrew their counterclaim for revocation, with both parties consenting to closure of the proceedings.
DexCom, Inc. v.Respondent
This is an appeal order from the Court of Appeal of the Unified Patent Court concerning EP 3 435 866. DexCom appealed a decision of the Paris Local Division that had revoked the patent entirely and dismissed DexCom's infringement claims. Following the appeal, both parties agreed to withdraw the infringement action and the counterclaims for revocation, and the Court permitted the withdrawals, declared the proceedings closed, and ordered 60% reimbursement of appeal court fees to DexCom.
SharkNinja Europe Limited, SharkNinja Germany GmbH v.Respondent
This order concerns an application by SharkNinja to suspend the cost assessment proceedings or, alternatively, to extend the time limit for filing a cost assessment application following the Court of Appeal's December 3, 2024 decision reversing an interim injunction against SharkNinja and ordering Dyson to pay costs. The Court of Appeal addressed procedural questions regarding when the one-month deadline under Rule 151.1 of the Rules of Procedure begins to run and the applicability of Rules 150 and 151 when no main proceedings under Rule 213 are initiated.
Amazon.com, Inc., Amazon Europe Core S.à r.l. , Amazon EU S.à r.l. v.Respondent
This is a procedural order issued by the Court of Appeal concerning an application under Rule 262.2 of the Rules of Procedure. Amazon, the appellant and defendant in the main infringement proceedings, sought to classify certain information from its appeal and appeal brief as confidential. The disputed information relates to licensing negotiations between the parties, the defendants' business model, and details about licensees and license agreements of the plaintiff Nokia. The underlying case concerns European Patent EP 2 661 892, with the Local Division Munich having previously rejected Amazon's request for disclosure of unredacted documents on December 16, 2024.
Bhagat Textile Engineers v.Oerlikon Textile GmbH & Co KG
Bhagat Textile Engineers appealed a decision of the Milan Local Division finding it had infringed Oerlikon's EP 2 145 848 patent and filed a separate application under Rule 223 RoP seeking suspensive effect of the appeal. Bhagat argued that exceptional circumstances existed due to parallel revocation proceedings involving a third party (Himson Engineering) and considerable doubts about the patent's validity. The Court of Appeal rejected the application, holding that Bhagat had failed to evidence any exceptional circumstances justifying a departure from the principle that appeals have no suspensive effect.
Avago Technologies International Sales Pte. Limited v.Respondent
This decision concerns the Court of Appeal's handling of Avago's request to withdraw its infringement action and seek reimbursement of court fees following an adverse first-instance ruling. The Local Division Hamburg had dismissed Avago's infringement claim, partially revoked the patent EP 1 612 910, and ordered Avago to bear 85% of costs. Avago appealed and subsequently sought to withdraw the infringement action, with Tesla consenting. The Court of Appeal addressed the admissibility of withdrawal requests in appellate proceedings and the consequences for related auxiliary requests.
Avago Technologies International Sales Pte. Limited v.Respondent
This decision concerns the admission of withdrawal of an infringement action in appeal proceedings before the Court of Appeal. Avago had sued Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE for infringement of European Patent EP 1 612 910, and Tesla had filed counterclaims for revocation. Following a mixed first-instance ruling by the Local Division Hamburg, Avago appealed and subsequently requested withdrawal of the infringement action, to which Tesla consented. The Court of Appeal admitted the withdrawal, declared the infringement proceedings terminated, and addressed the consequences for the revocation counterclaims and the reimbursement of court fees.
TOTAL SEMICONDUCTOR, LLC v.Texas Instruments Deutschland GmbH, Texas Instruments EMEA Sales GmbH
The Court of Appeal of the Unified Patent Court addressed whether a judge-rapporteur could issue an order on security for costs under R. 158 RoP and decide on leave to appeal. The court held that while a judge-rapporteur is competent to issue an order on security for costs, such an order is a case management order subject to panel review under R. 333 RoP, and only the panel—not the judge-rapporteur—can decide on leave to appeal. The impugned order of the Mannheim Local Division was revoked and the case referred back to the same panel.
Valeo Electrification v.Respondent
Valeo Electrification obtained a preliminary injunction from the Düsseldorf Local Division against Magna entities for alleged infringement of EP 3 320 604. Magna appealed the order, but before the appeal was heard, Valeo applied to withdraw the action with Magna's consent. The Court of Appeal permitted the withdrawal, declared the proceedings closed, and noted that no cost decision was needed.
Abbott Diabetes Care Inc. v.Powell Gilbert LLP
The Court of Appeal of the Unified Patent Court dismissed Abbott Diabetes Care Inc.'s appeal against orders granting Powell Gilbert LLP, a member of the public, access to written pleadings and evidence from proceedings concerning provisional measures involving patents EP 2 713 879 and EP 3 831 283. The court held that the general public interest in accessing pleadings and evidence arises after a first-instance decision or order concluding the proceedings is rendered, regardless of whether an appeal is pending, whether the order concerns provisional measures, whether parallel proceedings exist, or whether the decision addresses all arguments and evidence. The court found Powell Gilbert's request to be reasoned and concluded that the balance of interests favored allowing access.
Insulet Corporation v.A. Menarini Diagnostics s.r.l
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding confidentiality requests in proceedings related to European Patent EP 4 201 327. Menarini sought to extend confidentiality protections over certain technical information in its Statement of Response to the appeal proceedings. The Court of Appeal dismissed Menarini's requests for confidentiality (Requests I–III) as superfluous, holding that the existing non-appealed confidentiality order from the Court of First Instance continued to apply to the appeal proceedings.
A. Menarini Diagnostics s.r.l. v.Respondent
The Court of Appeal dismissed Menarini's request to extend the deadline for filing its Statement of response, holding that the request was superfluous because Rule 301.2 RoP provides for an automatic extension of time periods when the court cannot receive electronic documents. The court found that the deadline was automatically extended until the next working day after the Case Management System issue was resolved on 30 December 2024.
DISH Technologies L.L.C., Sling TV L.L.C. v.AYLO PREMIUM LTD, AYLO Billing Limited, AYLO FREESITES LTD, AYLO BILLING US Corp., BROCKWELL Group LLC, BRIDGEMAZE Group LLC,
The Court of Appeal addressed an application by DISH Technologies and Sling TV for reimbursement of court fees following the withdrawal of their appeal. The appeal had been filed precautionarily against an order of the Local Division Mannheim requiring them to post €800,000 in security for Aylo's costs. The Court of Appeal granted the alternative request, ordering reimbursement of 60% of the appeal court fees (€900) under R.370.9(b)(i) of the Rules of Procedure, but rejected the request for full reimbursement.
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