353 cases · page 9 of 12
Showing 241–269MediaTek Inc. (Headquarters) v.Respondent
MediaTek Inc. applied to intervene in appeal proceedings before the Court of Appeal of the Unified Patent Court concerning the protection of confidential information in an infringement action brought by Daedalus Prime LLC against Xiaomi. The confidential information at issue related to the architecture of MediaTek's processors. The Court of Appeal allowed MediaTek's application to intervene in support of Xiaomi, finding that MediaTek had a direct and present legal interest in maintaining the confidentiality of its processor architecture information.
Sumi Agro Europe Limited v.Syngenta Limited
This appeal proceeding concerned a request by Syngenta Limited to be relieved from translating Exhibit FF25, a German-language document attached to its Statement of Response. Sumi Agro, the opposing party, took no position and left the matter to the Court's discretion. The judge-rapporteur of the Court of Appeal ruled that the exhibit did not need to be translated, granting Syngenta's request.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Microsoft Corporation filed an application before the Court of Appeal of the Unified Patent Court seeking protection of confidential information under Rule 262 RoP regarding Exhibit BP 01, a settlement offer document. The court granted the application, ruling that while the document was already known to Suinno and did not require restriction of access between the parties under Rule 262A RoP, its original confidential version should not be available to the public due to the confidential nature of certain information contained therein.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
Microsoft sought discretionary review under Rule 220.3 RoP of a Court of First Instance order that granted Suinno leave to reduce its damages claim in a patent infringement action concerning EP 2 671 173. The Court of Appeal dismissed Microsoft's request, holding that Suinno's application constituted an unconditional limitation of its claim under Rule 263.3 RoP, which must always be granted, and that Microsoft's interests and right of defence were sufficiently protected.
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
The Court of Appeal of the Unified Patent Court rejected Alexion Pharmaceuticals' appeal against the dismissal of its application for provisional measures against Samsung Bioepis concerning European Patent EP 3 167 888 B1 for a C5-binding antibody (eculizumab) used to treat paroxysmal nocturnal hemoglobinuria. The court held that the patent's claim 2 could not be corrected by interpretation to remove 22 extra amino acids at the N-terminus of SEQ ID NO:4, as the existence of the error and the precise correction were not sufficiently certain to the person skilled in the art. Consequently, the court found it more likely than not that claim 2 was insufficiently disclosed under Art. 83 EPC, and ordered Alexion to bear the costs of the appeal proceedings.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company, Amgen N.V., Amgen GmbH, Amgen AB, Amgen S.A.S., Amgen s.r.l., Amgen Biofarmacêutica Lda., Amgen Zdravila D.O.O.
Alexion Pharmaceuticals, the proprietor of European Patent 3 167 888 B1 relating to the antibody eculizumab for treating paroxysmal nocturnal hemoglobinuria, sought provisional measures against Amgen, which markets BEKEMV®, a biosimilar of Soliris®. The Court of First Instance (Hamburg Local Division) dismissed Alexion's application, and Alexion appealed. The Court of Appeal rejected the appeal, holding that the patent's SEQ ID NO:4 sequence must be interpreted as including 22 extra amino acids at the N-terminus, and that Alexion had failed to demonstrate with sufficient certainty that the skilled person would correct this as an error, rendering the patent claim more likely than not insufficiently disclosed under Art. 83 EPC.
Sumi Agro Limited; Sumi Agro Europe Limited v.Syngenta Limited
This appeal concerns a challenge by Sumi Agro against an order of the Local Division Munich that granted provisional measures against Sumi Agro in relation to European Patent EP 2 152 073. Sumi Agro submitted new facts and evidence in the appeal proceedings, and Syngenta objected to the admission of certain evidence while also seeking to introduce its own new evidence. The Court of Appeal disregarded Exhibit SA17 because Sumi Agro had previously submitted other pages from the same publication before the Court of First Instance, but admitted evidence relating to a possible new version of the contested embodiment (Kagura 2024) following the alleged infringer's statements about a product ingredient change.
Curio Bioscience, Inc v.10x Genomics, Inc.
Curio Bioscience filed an application for suspensive effect under Rule 223.4 RoP seeking to stay an order from the Düsseldorf Local Division requiring it to provide EUR 200,000 in security for legal costs. The Court of Appeal dismissed the application, finding that Curio had not established the extreme urgency required under Rule 223.4 RoP, as it had merely claimed it would be forced to comply with a manifestly wrong order or face a default judgment.
Magna International France, SARL, Magna PT s.r.o., Magna PT B.V. & Co. KG v.Valeo Electrification
This case concerns an application for suspensive effect filed by Magna against a preliminary injunction issued by the Düsseldorf Local Division in proceedings involving EP 3 320 602. The Court of First Instance had exempted Magna's supply obligations for five BMW models but omitted the BMW 2 Series Gran Coupé (F74) from the exemption list. The Court of Appeal found that Magna had clearly identified the 2 Series Gran Coupé in its submissions and that the CFI should have included it in the exemption, ordering the injunction's effect suspended as to that model until the appeal is decided.
Hand Held Products, Inc. v.Respondent
Hand Held Products, Inc. filed an application under Rule 109 of the Rules of Procedure requesting simultaneous interpretation from German into English for the oral hearing scheduled for January 9, 2025, in proceedings concerning EP 3 866 051. The Court of Appeal rejected the main request for court-funded interpretation, holding that the mere fact that internal employees of Hand Held Products who do not speak German would attend the hearing did not justify ordering such measures, particularly since Hand Held Products had voluntarily chosen German as the procedural language. The subsidiary request for interpretation arrangements at the applicant's own cost was addressed under Rule 109.4 of the Rules of Procedure.
NanoString Technologies Germany GmbH, NanoString Technologies Inc., NanoString Technologies Netherlands B.V. v.10x Genomics, Inc., President and Fellows of Harvard College
This case concerns an order by the Court of Appeal regarding coercive penalties in proceedings involving European Patent 4 108 782. The court addressed whether the setting aside of a preliminary injunction order retroactively removes the legal basis for subsequent decisions ordering payment of coercive penalties for alleged violations occurring before the setting aside. The Court of Appeal held that the setting aside of a first-instance preliminary injunction order under Art. 75(1) EPGÜ and Rule 242.1 RoP is generally retroactive, meaning the order is deemed to have had no legal effect from the beginning, thereby eliminating the legal basis for any subsequent coercive penalty decisions.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Dyson Technology Limited
This is an appeal order concerning an application for interim measures related to European Patent EP 2 043 492, which covers a hand-held vacuum cleaner with a specific handle arrangement. Dyson Technology Limited, as the patent proprietor, sought interim measures against SharkNinja Europe Limited and SharkNinja Germany GmbH before the Local Division Munich. The Court of Appeal reviewed the first instance decision and, after balancing the probabilities, concluded that it was not more likely than not that the patent was being infringed. The appeal order thus turned on the assessment of the likelihood of patent infringement in the context of interim relief.
Aarke AB v.SodaStream Industries Ltd.
Aarke AB appealed a decision of the Local Division Düsseldorf dismissing its request for an order requiring SodaStream Industries Ltd. to provide security for costs under R.158 RoP in patent infringement proceedings concerning EP 1 793 917. The Court of Appeal upheld the dismissal, holding that only the financial position of the claimant itself is relevant, that willingness to reimburse is irrelevant, that the court should not evaluate the likelihood of the case outcome, and that Aarke failed to provide sufficient evidence that enforcement of a cost order in Israel would be unduly burdensome.
*** v.Amycel LLC
This appeal before the Court of Appeal concerned a challenge to an order of provisional measures issued by the Local Division The Hague on 31 July 2024 in a dispute involving EP 1 993 350. The Appellant had paid a reduced court fee of €6,600 (60% of the regular €11,000 fee) claiming micro-enterprise status, but the Court of Appeal found insufficient evidence to confirm the Appellant qualified as a small enterprise. After the Appellant failed to pay the additional fees ordered within the set time limit, the Respondent requested a decision by default against the Appellant.
TOTAL SEMICONDUCTOR, LLC v.Texas Instruments Deutschland GmbH, Texas Instruments EMEA Sales GmbH
The Court of Appeal of the Unified Patent Court considered Total Semiconductor's request for discretionary review of an order by the Mannheim Local Division's judge-rapporteur requiring Total Semiconductor to provide €600,000 in security for costs. The central issue was whether a judge-rapporteur has the competence to issue an order on security for costs and deny leave to appeal, or whether such an order must be adopted by a panel. The Court of Appeal allowed leave to appeal on this procedural question but expressly excluded the substantive matter of security for costs from the scope of review.
MERIL LIFE SCIENCES PVT LIMITED, INTERLUX, UAB, SORMEDICA, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, VAB-LOGISTIK, UAB v.EDWARDS LIFESCIENCES CORPORATION
This order from the Court of Appeal concerns an appeal against a decision of the Court of First Instance regarding a request for a stay of infringement proceedings pending opposition proceedings at the European Patent Office. The appellants, Meril Life Sciences Pvt Limited, Meril GmbH, and SMIS International OÜ, sought a stay under Article 33(10) UPCA and Rule 295(a) RoP. The Court of Appeal addressed the admissibility of new legal arguments on appeal and clarified the framework for granting stays pending EPO opposition decisions, holding that the Court has discretionary power to stay proceedings even where the expected EPO decision is not final and may be appealed.
OrthoApnea S.L., Vivisol B BV v.***
1 Beschikking van het Hof van Beroep van het Eengemaakt Octrooigerecht uitgesproken op 21 november 2024 INHOUDSINDICATIE 1. Niet elk nieuw argument is wijziging van de zaak waarvoor een partij op grond van R. 263 Pr een verzoek om verlof moet indienen. Van wijziging van de zaak is spr
Magna PT B.V. & Co. KG; Magna PT s.r.o.; Magna International France, SARL v.Valeo Electrification
This case concerns an application for suspensive effect filed by Magna before the Court of Appeal of the Unified Patent Court regarding a preliminary injunction issued by the Düsseldorf Local Division in proceedings concerning EP 3 320 602. The Court of First Instance had issued a preliminary injunction against Magna but exempted its supply obligations for five BMW models. Magna sought rectification, arguing the 'BMW 2 Series Gran Coupé' model was inadvertently omitted, which the Court of First Instance denied. The Standing Judge of the Court of Appeal granted Magna's renewed application for suspensive effect, suspending the impugned order's effect regarding the 'BMW 2 Series Gran Coupé' model until the competent panel of the Court of Appeal decides on the matter.
Magna International France, SARL, Magna PT B.V. & Co. KG, Magna PT s.r.o. v.Valeo Electrification
1 ORDER of the Court of Appeal of the Unified Patent Court issued on 14 November 2024 concerning an application for suspensive effect (R.223.4 RoP) APPLICANTS AND DEFENDANTS IN THE MAIN PROCEEDINGS BEFORE THE CFI 1. Magna PT B.V. & Co. KG, Untergruppenbach, Germany 2. Magna PT s.r.o.
*** v.AMYCEL, LLC
This case concerned an appeal regarding the Appellant's entitlement to reduced court fees in proceedings involving European Patent EP 1 993 350. The Appellant had initially claimed micro-enterprise status to pay a reduced fee of €6,600, but later abandoned that claim and asserted small enterprise status without providing supporting evidence. The Court of Appeal found the Appellant failed to demonstrate qualification as a small enterprise and ordered payment of the remaining fee plus a penalty, totaling €9,900. Following the Appellant's non-payment and request for waiver or legal aid, the matter proceeded toward a default decision against the Appellant.
AIM Sport Development AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
This appeal before the Court of Appeal of the Unified Patent Court concerned the interpretation of Article 83(4) UPCA regarding the withdrawal of an opt-out from the UPC's jurisdiction. The Court of Appeal held that the phrase 'Unless an action has already been brought before a national court' refers only to actions brought during the transitional regime, not to proceedings commenced prior to it. Consequently, the Court set aside the Court of First Instance's orders dismissing AIM's infringement action and provisional measures request, and referred the actions back to the Court of First Instance for further adjudication.
Scandit AG v.Hand Held Products, Inc.
This procedural order concerns an application by Scandit AG under Rule 36 of the Rules of Procedure to file a reply to the respondent's appeal response in a patent infringement appeal. The underlying dispute involves EP 3 866 051, where the Court of First Instance (Local Division Munich) had issued an interim injunction on August 27, 2024 against Scandit for indirect infringement of claims 1 and 10. Scandit sought leave to file a reply to address what it characterized as new arguments raised by Hand Held Products regarding features 1.7 to 1.9 of claim 1 and to introduce additional prior art.
Koninklijke Philips N.V. v.Belkin Limited, Belkin GmbH, Belkin International, Inc.,
The Court of Appeal issued an order concerning Belkin's application for suspensive effect (stay) of a first instance order dated September 13, 2024, in a patent infringement action brought by Koninklijke Philips N.V. regarding EP 2 867 997. The appeal involved both the Belkin corporate entities and individual managing directors. The court addressed the requirements for applications for suspensive effect, the standard for granting such effect, and the question of whether managing directors of an infringing company can be held liable as intermediaries under Article 63 EPGÜ.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Respondent
This is an order from the Court of Appeal concerning an application by SharkNinja to admit new evidence (FBD 29) consisting of two annexes to a brief filed by Dyson's representative in a parallel US proceeding. SharkNinja argued the evidence was relevant to the appeal because it contained Dyson's interpretation of the patent feature regarding an elongate handle, which could undermine Dyson's contradictory denial of disclosure of the 'Power Source' feature in the present proceedings. Dyson opposed the application, arguing the evidence was not decisive and that the submission was culpably delayed.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
Microsoft sought discretionary review of an order by the Paris Central Division that refused to declare Suinno's patent infringement action manifestly inadmissible under Rule 361 RoP, based on an alleged lack of independence of Suinno's representative. The Court of Appeal dismissed Microsoft's request, holding that the manifest inadmissibility standard under R. 361 RoP must be reserved for clear-cut cases and that Microsoft failed to demonstrate that discretionary review was necessary, particularly since the independence issue was already the subject of a pending appeal.
Photon Wave Co., Ltd v.Seoul Viosys Co., Ltd.
This procedural order concerned an appeal filed by Photon Wave Co., Ltd. against order ORD_41423/2024 of the Paris Local Division, which had been issued in proceedings involving European Patent EP 3 404 726. Seoul Viosys Co., Ltd. raised an objection of inadmissibility, arguing that the appeal had not been expressly authorized by the Court of First Instance as required under Article 73 of the Agreement on a Unified Patent Court and Rule 220.2 of the Rules of Procedure. The Court of Appeal held that the mere general reference to Rule 220.2 in the operative part of the contested order did not constitute the express authorization required for an appeal, and that such authorization cannot be presumed.
EOFLOW Co., Ltd. v.Insulet Corporation
EOFlow appealed an order of the Central Division Milan that denied its request to join two parallel provisional measures proceedings concerning alleged infringement of European patent EP 4 201 327. EOFlow additionally requested the Court of Appeal to expedite the appeal and shorten deadlines so that a decision could be issued before the scheduled oral hearings in the first instance. The Court of Appeal rejected the request for expedition, finding that EOFlow had unnecessarily delayed filing its appeal and had not sufficiently taken into account the respondent's right to file a response.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Respondent
This order concerns an appeal before the Court of Appeal regarding European Patent EP 2 043 492. Dyson Technology Limited, the respondent, requested that several grounds of appeal raised by SharkNinja concerning validity attacks be disregarded as they were allegedly not properly specified in the Statement of Appeal. SharkNinja opposed the request, arguing that the grounds were indeed contained in the Statement of Appeal through references to earlier submissions and specific paragraphs. The text of the order is truncated and does not include the final ruling.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Suinno Mobile & AI Technologies Licensing Oy sought discretionary review of an order by the Paris Central Division that granted Microsoft Corporation's request for security for costs and declared Suinno's own request for security inadmissible. The Court of Appeal held the request for discretionary review inadmissible because Suinno had not first requested the Court of First Instance to grant leave to appeal, as required under Rule 220.2 RoP before a discretionary review under Rule 220.3 RoP can be pursued.
Meril Life Sciences Pvt Ltd., Meril GmbH v.Edwards Lifesciences Corporation
This appeal concerned the determination of which party is the prevailing party under Article 69(1) of the Agreement on a Unified Patent Court following the dismissal of a claim after the defendant submitted an injunction and commitment declaration. The dispute involved European Patent EP 3 763 331 relating to a crimping device for stent-based valve prostheses. The Court of Appeal held that when a defendant commits to comply with the plaintiff's requests after proceedings have been initiated, the plaintiff is generally considered the prevailing party, as the declaration itself implies that the plaintiff's requests have been fulfilled.
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