Denied Decisions
162 cases | Page 2 of 6
STEROS GPA Innovative S.L. v.OTEC Präzisionsfinish GmbH
In a significant decision regarding claim construction, the UPC Court of Appeal rejected an application for provisional measures concerning an electropolishing medium. The dispute hinged on whether a specific emulsion met the patent's requirement for a 'non-conductive fluid.' The court ruled that by analyzing the surrounding liquid as a whole, the conductivity exceeded the claimed limit, thus finding no infringement. This case underscores the critical importance of precise claim interpretation when dealing with complex chemical formulations like emulsions in UPC litigation.
Lepu Medical (Europe) Cooperatief U.A. v.Occlutech GmbH
In a critical decision regarding provisional measures, the UPC Court of Appeal rejected Lepu Medical's application for suspensive effect against an injunction granted by the Hamburg Local Division. The court emphasized that exceptions to the rule requiring manifest error are narrowly applied. This ruling reinforces the principle that patentees can secure immediate protection against infringement unless the appellant meets a high burden of proof.
HL Display AB v.Black Sheep Retail Products B.V.
This UPC Court of Appeal decision addressed an application by Black Sheep Retail Products B.V. to suspend the enforcement of a CFI-ordered information disclosure mandate from HL Display AB. The core dispute centered on whether the confidential business information requested (such as origin, distribution channels, and profits) should be withheld pending appeal. The Court ultimately rejected the suspension request, affirming that while confidentiality is important, it does not automatically negate the need for the patent proprietor to gather evidence necessary for damage calculation.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This UPC Appeal Court decision addressed a revocation action against an LED patent (EP 3 223 320). The central dispute revolved around whether the patent claims represented an impermissible expansion beyond the disclosure in the original international application. While the court discussed principles regarding translation and scope, it ultimately dismissed the appeal. This outcome is significant as it reinforces the validity of patents even when challenges based on improper claim drafting or scope extension are raised.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This UPC Appeal Court decision addressed a revocation action against an LED patent, focusing heavily on the interpretation of prior art and the scope of claims. The court ultimately dismissed the appeal, finding that the claim did not impermissibly extend beyond the content of the earlier application. This ruling reinforces strict standards for interpreting disclosures in patent applications, particularly when dealing with translations of international filings.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
This procedural order addressed a request by VIVO to stay the main infringement proceedings and grant an extension of time limits in light of pending appeals regarding confidentiality orders and jurisdictional challenges (PO). The Court of Appeal ultimately rejected this request, emphasizing strict adherence to the Rules of Procedure. The ruling reinforces that specialized provisions like R. 21.2 RoP are narrowly construed and that procedural management requests must generally be directed to the Court of First Instance.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
This procedural order addressed a request by VIVO to stay the main infringement proceedings and extend deadlines in light of pending appeals concerning confidentiality orders and jurisdictional challenges (FRAND determination). The Court of Appeal firmly rejected this request. The ruling reinforces the hierarchical nature of UPC procedure, clarifying that requests for staying or extending time limits must generally be handled by the Court of First Instance, not the Court of Appeal, unless truly exceptional circumstances are proven.
Dolby International AB v.Roku Inc.
This UPC appeal decision addressed procedural challenges raised by Roku against infringement proceedings initiated by Dolby and Sun Patent Trust. Roku argued that the EPC's structure violated fundamental EU rights, particularly concerning judicial independence and jurisdiction. The Court firmly rejected these arguments, emphasizing that jurisdictional challenges must adhere strictly to the enumerated grounds in the Rules of Procedure. The ruling reinforces the established legal framework governing the UPC's competence and administrative flexibility.
Roku International B.V. v.Dolby International AB
This UPC Court of Appeal decision addressed procedural challenges raised by Roku against the rejection of its opposition filings. Roku had argued that the UPC's structure and jurisdiction violated fundamental EU rights, specifically concerning judicial independence and the competence allocation under the EPC. The court firmly rejected these arguments, emphasizing that all grounds for opposition must be within the scope defined by Rule 19.1 VerfO. The ruling reinforces the established legal framework of the UPC regarding its jurisdictional powers and administrative flexibility.
Dolby International AB v.Roku International B.V. and Roku, Inc.
This UPC appeal decision addressed procedural challenges raised by Roku against infringement actions brought by Dolby and Sun. Roku argued that the UPC's jurisdiction violated fundamental EU rights and challenged the court's organizational structure. The Court firmly dismissed these arguments, clarifying that jurisdictional objections must adhere to specific grounds under the Rules of Procedure. The ruling also affirmed the Administrative Committee's authority to adapt the UPC's structure as necessary.
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.
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.
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.
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.
TIRU SAS v.MAGUIN SAS
This UPC Court of Appeal decision addresses an appeal challenging an initial ex parte order for evidence preservation concerning a waste incineration patent (EP 3 178 578). The court provided important guidance on the scope of judicial review during evidence gathering, emphasizing that judges ordering evidence do not need to assess patent validity or require disclosure of all known prior art. Ultimately, the appeal by MAGUIN was rejected as they failed to meet the burden of proving why their specific prior art should have been disclosed.
TIRU SAS v.VALINEA ENERGIE SASU
This UPC Court of Appeal decision addresses an appeal concerning the scope and necessity of evidence preservation measures ordered against a defendant (VALINEA). The court provided important guidance on the distinction between provisional measures and evidence preservation requests, confirming that validity assessment is not required at the latter stage. Crucially, it ruled that mere knowledge of potential prior art does not automatically obligate disclosure during the initial request phase, setting clear boundaries for procedural conduct in UPC litigation.
OTEC Präzisionsfinish GmbH v.Steros GPA Innovative S.L.
This UPC Court of Appeal decision addressed OTEC's request to suspend the effect of an injunction granted by the Court of First Instance against Steros. OTEC sought suspension based on alleged manifest errors and violations of its right to be heard in the initial proceedings. The Court ultimately rejected this application, affirming that appeals generally lack suspensive effect unless exceptional circumstances are met. This ruling reinforces the high threshold required for parties seeking to halt enforcement measures while their appeal is pending.
Network System Technologies LLC v.Qualcomm Incorporated
This UPC Court of Appeal decision addressed a dispute over the scope of access to confidential information in ongoing infringement proceedings. Network System Technologies (NST) sought broader access for its US attorneys, arguing their technical expertise was vital. Qualcomm opposed this request, citing the need to protect sensitive data. The court ultimately sided with Qualcomm, emphasizing that access must be strictly limited and found that NST's existing team structure provided adequate representation without requiring additional attorney access.
Tiroler Rohre GmbH v.SSAB Swedish Steel GmbH, SSAB Europe Oy
This UPC appellate decision addressed an appeal concerning the allocation of legal costs following the withdrawal of a provisional measures application. The court confirmed that even when a case is closed by withdrawal under R. 265 VerfO, the general rules for separate cost determination (R. 150 ff. VerfO) apply. The appellate panel found no grounds to overturn the initial costs decision, which had already conducted a thorough and reasonable assessment of the incurred expenses.
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