75 cases · page 2 of 3
Showing 31–59Telefonaktiebolaget LM Ericsson v.Respondent
This case concerns Ericsson's application for panel review of a decision by the Judge Rapporteur rejecting its request for an 'external eyes only' confidentiality regime to protect sensitive licensing information submitted in connection with a patent infringement action involving EP 2727242. The Milan Local Division Panel dismissed the application, finding that Ericsson failed to provide concrete factual evidence demonstrating an actual risk of antitrust violations from disclosure to a single Asustek employee. However, the Panel granted Ericsson leave to appeal in order to allow the Court of Appeal to set a standard on this issue.
Progress Maschinen & Automation AG v.SCHNELL S.p.A., AWM s.r.l.
This is a procedural order issued by the judge-rapporteur of the Milan Local Division following an online interim conference held on 5 June 2025 in proceedings between Progress Maschinen & Automation AG (claimant) and AWM s.r.l. and Schnell S.p.A. (defendants). The order addresses several procedural matters, including the admissibility of a new version of auxiliary request AR4, which was referred to the Panel for assessment at the oral hearing. The parties were also granted a fifteen-day period to negotiate the value of the infringement action, the value of the counterclaim for revocation, and the amount of recoverable costs.
Dainese S.p.A. v.Respondent
This order concerns a joint request by all parties to stay proceedings under Rule 295(d) of the Rules of Procedure in relation to one of two patents at issue. Dainese S.p.A. had filed an infringement action against Alpinestars and other defendants concerning EP '117 and EP '364, with counterclaims for revocation filed against both patents. Following an EPO Board of Appeal decision maintaining EP '117 in amended form, Dainese withdrew its infringement claims regarding EP '117, leaving only the revocation counterclaim pending. The Court held that when all parties jointly request a stay under Rule 295(d), the Court has no discretion and must order the stay, and granted the stay solely in respect of EP '117 while allowing proceedings concerning EP '364 to continue.
3VSigma v.AGA-ACEF
Act. no. 18051/2025 UPC CFI no. 342/2025 1 di 20 ACT. NO. 18051/2025 UPC CFI NO. 342/2025 ORDER NO. 21737/2025 TRIBUNALE UNIFICATO DEI BREVETTI TRIBUNALE DI PRIMO GRADO DIVISIONE LOCALE DI MILANO ORDINE DI PROTEZIONE DELLE PROVE depositato il 19.5.2025 RICHIEDENTE 3
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
1. Nel procedimento disciplinato dalle rule 150 e segg RoP, il tetto massimo dei costi di difesa rimborsabili a favore della parte a cui tale diritto è stato riconosciuto da una decisione di merito, in ossequio al principio di proporzionalità, può essere raggiunto solo in situazioni limitate, ad esempio per la complessità delle questioni trattate, per il numero di brevetti esaminati, per le parti coinvolte o per l’uso di più lingue. 2. Nel procedimento disciplinato dalle rule 150 e segg Ro
Telefonaktiebolaget LM Ericsson v.Respondent
This case before the Milan Local Division concerned the withdrawal of infringement and revocation proceedings involving patent EP3076673 against Digital River Ireland Ltd. following Digital River's insolvency and winding-up order by the High Court of Ireland. Both Ericsson and Digital River agreed to mutual withdrawal of the infringement action and counterclaim for revocation, but disagreed on costs. The Court allowed the withdrawals, ordered the main proceedings to continue against the remaining defendants (Asustek and Arvato), and held that both Ericsson and Digital River should bear their own costs.
ASUSTek Computer Inc., Arvato Netherlands B.V., Digital River Ireland Ltd. v.Telefonaktiebolaget LM Ericsson
This order concerns an application by the Defendants (Asustek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd.) under Rules 262A and 262.2 of the Rules of Procedure to restrict access to certain confidential documents (referred to as 'Asustek Confidential Documents') in proceedings involving alleged infringement of European patent EP3076673. The Defendants sought to limit access to the unredacted versions of these documents to a defined circle of individuals, including the Claimant's authorized representatives, one private licensing/valuation expert, and one named natural person from the Claimant. The Claimant filed a response to the application, and the judge-rapporteur issued a preliminary order granting the Claimant time to file comments.
ALPINESTARS RESEARCH S.p.A v.Dainese S.p.A.
1. The UPC “shall be deemed to be a court of a Member State” pursuant the Article 71a of the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014. Its interpretation provided for by the Court of Justice of the European Union apply to the UPC as it were a national court. 2. In light of Court of Justice decision in case C-339/2022, 25 February 2025, UPC Milan Local Division has universal jurisdiction to adjudicate on infringement issues related to European patents ove
Alpinestars S.p.A. v.Dainese S.p.A.
1. The UPC “shall be deemed to be a court of a Member State” pursuant the Article 71a of the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014. Its interpretation provided for by the Court of Justice of the European Union apply to the UPC as it were a national court. 2. In light of Court of Justice decision in case C-339/2022, 25 February 2025, UPC Milan Local Division has universal jurisdiction to adjudicate on infringement issues related to European patents ove
Dainese S.p.A. v.Respondent
Dainese S.p.A., the claimant in infringement proceedings concerning European patents EP4072364 and EP3498117, filed an application under Rule 263.3 RoP to limit its claims by withdrawing all arguments related to EP'117 following an adverse Board of Appeal decision at the EPO, while maintaining its claims regarding EP'364. The defendants contended that the application constituted a partial withdrawal governed by Rule 265 RoP, requiring the claimant to bear the defendants' costs. The Milan Local Division held that Rule 263.3 RoP applies both to limitations of the relief sought (petitum) and to limitations of the cause of action (causa petendi), and that unlike Rule 265 RoP, Rule 263 RoP does not regulate proceeding costs because the proceedings continue against the defendants in relation to the remaining claims.
PRINOTH S.P.A. v.XELOM S.R.L.
Prinoth S.p.A., a world leader in the production of snow groomers and tracked vehicles, sought an ex parte order for preservation of evidence, inspection, and seizure against Xelom S.r.l., an innovative start-up belonging to the Technoalpin group. Prinoth alleged that Xelom's newly developed electric snow groomer (Snow Cat), which had been deployed at several ski resorts in Austria, South Tyrol, Trento, Stockholm, and Bolzano, infringed its European patents EP1995159 and EP2507436 relating to snow groomers and their control methods. The Presiding Judge determined that the conditions for extreme urgency were not met and appointed a Judge Rapporteur to convene the applicant for further clarifications regarding documents and search keywords.
Bhagat Textile Engineers (Bhagat) v.Respondent
Bhagat Textile Engineers applied for access to documents and written submissions in a revocation counterclaim filed by Himson Engineering Private Limited against Oerlikon Textile GmbH & Co. KG concerning European Patent EP214548. Bhagat sought the documents to substantiate a renewed request for suspension of its appeal in a parallel infringement action. The Milan Local Division denied the application, finding that the information was obtainable through other channels and that granting access would compromise the integrity of the proceedings.
Dainese S.p.A. v.Respondent
This preliminary procedural order was issued by the Court of First Instance, Milan Local Division, on February 7, 2025, in proceedings brought by Dainese S.p.A. against multiple defendants including Alpinestars entities and retailers. Dainese sought an extension of its deadline for filing its Defence to Counterclaims for revocation and its Reply to the statements of defence filed by Defendants 2 and 6, from February 13, 2025 to February 27, 2025, citing coordination with an EPO oral hearing scheduled for February 13, 2025. The Court granted the extension, finding that the same coordination reasons previously accepted for Defendant 1 applied equally to the Claimant, and emphasized the principle of parity between attacking and defending parties.
Dainese S.p.A. v.Respondent
1 Milan - Local Division UPC_CFI_472/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 24/01/2025 Order no. ORD_68843/2024 DAINESE S.p.A. - Plaintiff - against ALPINESTARS S.p.A. - Defendant 1 - and against ALPINESTARS RESEARCH S.p
ALPINESTARS RESEARCH S.p.A, ULRICH HERPICH E.K, Alpinestars S.p.A., OMNIA RETAIL S.R.L. , HORIZON MOTO 95 - MAXXESS CERGY , MOTOCARD BIKE, S.L. v.Dainese S.p.A.
1 Milan - Local Division UPC_CFI_472/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 24/01/2025 Order no. ORD_68844/2024 DAINESE S.p.A. - Plaintiff - against ALPINESTARS S.p.A. - Defendant 1 - and against ALPINESTARS RESEARCH S.p
Alpinestars S.p.A. v.Respondent
1. The coordination between the appeals proceedings before the EPO and the proceedings be- fore UPC may be achieved in the most efficient way, taking into account the position of all
Insulet Corporation v.Respondent
1 Milan - Local Division UPC_CFI_400/2024 FINAL ORDER of the Court of First Instance of the Unified Patent Court delivered on 30/12/2024 Order no. ORD_60558/2024 Head notes 1. In proceedings for costs decision under rules 150 RoP et seq. an already existing decision on costs in pr
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order concerns a patent infringement dispute between Oerlikon Textile GmbH & Co KG and Himson Engineering Private Limited regarding European Patent EP2145848. The proceedings originated from an ex parte evidence preservation order obtained by Oerlikon in June 2023 in connection with the ITMA trade fair held in Rho, Milan. Himson filed a counterclaim for revocation challenging the patent's validity on grounds of added matter, novelty, and inventive step, while Oerlikon introduced seven auxiliary requests. The order addresses procedural matters discussed at the interim conference, including settlement prospects, translation corrections, and the scope of the validity attack.
Himson Engineering Private Limited v.Respondent
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 27/11/2024 Order no. ORD_63173/2024 APPLICANT (defendant in the main proceeding) Himson Engineering Private Limited Represented by Fabrizio Jacobacci
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order was issued by the Local Division in Milan in a patent infringement action brought by Oerlikon Textile GmbH & Co. KG concerning European Patent No. EP2145848. The defendant Himson filed a counterclaim for revocation. The judge-rapporteur outlined the agenda for the upcoming interim conference, addressing settlement prospects, translation errors in the Italian patent validation, the scope of Himson's revocation counterclaim, Oerlikon's auxiliary requests, the infringement claim and related evidence, ancillary measures, litigation costs, and the organization of the Oral Hearing.
Insulet Corporation v.A. Menarini Diagnostics s.r.l.
Insulet Corporation filed an application for provisional measures against A. Menarini Diagnostics S.r.l. for alleged infringement of European patent EP 4 201 327, relating to its Omnipod 5 insulin patch pump technology. Insulet asserted that Menarini's distribution of the EOPatch (marketed as GlucoMen Day Pump) infringed its patent rights. The Milan Local Division addressed key procedural questions regarding the admissibility of auxiliary requests to amend the patent in provisional measures proceedings, holding that such amendments are inadmissible under Rule 30.2 RoP and must be raised in main proceedings.
Pirelli Tyre S.p.A. v.TIANJIN KINGTYRE GROUP CO., LTD KINGTYRE DEUTSCHLAND GMBH
Pirelli Tyre S.p.A., holder of European Patent EP 2519412 relating to a tire for motor vehicles and a pair of tires for motor vehicles, filed an application for provisional and precautionary measures against Tianjin Kingtyre Group Co., Ltd. (China) and Kingtyre Deutschland GmbH (Germany) ahead of the EICMA international motorcycle exhibition (November 5-10, 2024), alleging that the defendants would exhibit infringing products. The Court declined to grant an ex parte injunction but invited Pirelli to limit its request to seizure, delivery of infringing goods, and procedural costs. Pirelli accordingly narrowed its application, and the Single Judge proceeded to decide the matter under Rule 212(2) given the extreme urgency.
Pirelli Tyre S.p.A. v.SICHUAN YUANXING RUBBER CO., LTD.China Council for the Promotion of International Trade, Automotive Sub-council
Pirelli Tyre S.p.A. filed a request for provisional measures against Sichuan Yuanxing Rubber Co. Ltd. (Helios) and CCPIT in connection with European Patent EP 3519207, titled 'motorcycles tyre,' ahead of the EICMA 2024 trade fair in Milan. Pirelli alleged that Helios's HA-51R and HA-51F tires reproduced all features of claim 1 of EP207 and sought ex parte injunction, seizure, and provisional costs. The Court declined to grant the ex parte injunction and invited Pirelli to either limit its request to seizure, delivery of goods, and costs, or withdraw entirely; Pirelli opted to limit its request accordingly.
Cardo Systems, Ltd. v.Shenzhen Asmax Infinite Technology Co., Ltd. And other
Cardo Systems, Ltd. filed an application for provisional measures without hearing the other party before the Local Division Milan of the Unified Patent Court, seeking a preliminary injunction against Shenzhen Asmax Infinite Technology Co., Ltd. and Hong Kong Yiheng International Technology Co., Limited based on European Patent No. EP 4 240 194, which relates to a fastening device for communication units. The Court granted the provisional measures, including an injunction, an order for delivery up of infringing products at EICMA 2024, and penalty payments, subject to the Applicant providing security of €100,000.
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
This case concerned an action for patent infringement brought by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers regarding European Patent EP2145848. The defendant had acknowledged the validity of the patent and the infringement without raising any defense. The court addressed several procedural and substantive issues, including the suspension of proceedings under Rule 295(m) RoP, the discretionary nature of permanent injunctions under Article 63(1) UPCA, penalty payments under Article 63(2) UPCA, publication of decisions under Article 80 UPCA, moral damages under Article 68(3a) UPCA, and provisional damages under Rule 119 RoP.
A. Menarini Diagnostics s.r.l. v.Insulet Corporation
1 Milan - Local Division UPC_CFI_400/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 01/10/2024 Order no. ORD_51903/2024 Applicant EOFLOW CO LTD (intervener) defendants 1) Insulet Corporation (applicant in the main proceeding)
Insulet Corporation v.A. Menarini Diagnostics s.r.l.
1 Milan - Local Division UPC_CFI_400/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 01/10/2024 Order no. ORD_51903/2024 Applicant EOFLOW CO LTD (intervener) defendants 1) Insulet Corporation (applicant in the main proceeding)
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 17/09/2024 APPLICANT 1) Oerlikon Textile GmbH & CO KG RESPONDENT Himson Engineering Private Limited PATENT AT ISSUE Patent no. P
Primetals TechnologiesAustria GMBH v.Danieli &c. spa Danieli Automation spa
Primetals Technologies Austria GmbH, proprietor of European Patent EP 2624977 relating to a driver for a steel strip coiling installation, filed an ex-parte application for preserving evidence and inspection against Danieli & C. S.p.A. and Danieli Automation S.p.A. before the Local Division in Milan of the Unified Patent Court. The applicant alleged that during a September 2023 visit to its customer Nucor Steel Gallatin in Kentucky, US, it discovered a driver for a steel strip coiler manufactured by the Danieli group that appeared to reproduce the teachings of claims 1, 2, 5, 7, and 10 of EP977. The applicant sought an order for inspection of the defendants' premises to collect and preserve technical, advertising, and commercial documentation relating to the allegedly infringing drivers.
A. Menarini Diagnostics s.r.l v.Insulet Corporation
1 Milan - Local Division UPC_CFI_400/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 04/09/2024 Order no. ORD_45723/2024 APPLICANT 1) A. Menarini Diagnostics s.r.l. (Applicant) - Via Dei Sette Santi 3 - 50131 - Florence – IT Represented
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