Granted
10 granted decisions from Milan (IT) Local Division.
Granted Decisions
10 cases | Page 1 of 1
Dainese S.p.A. v.Alpinestars S.p.A.
In this case management order, the UPC Milan Local Division addressed a joint request for a stay of proceedings involving two patents. The Court ruled that when all parties agree to a stay under Rule 295(d), the court is obligated to grant it, emphasizing party autonomy (Art 43 UPCA). Crucially, the decision allowed for a partial stay, halting proceedings related to EP '117 while permitting the infringement and revocation actions concerning EP '364 to proceed normally. This highlights the UPC's flexibility in managing complex litigation involving multiple patents.
3V SIGMA S.P.A. v.AZIENDA CHIMICA E FARMACEUTICA S.P.A. - A.C.E.F. S.P.A. and AZIENDA CHIMICA E FARMACEUTICA S.R.L. - A.C.E.F. S.R.L.
In a significant procedural ruling, 3V Sigma successfully obtained an ex parte preservation of evidence order against ACEF. The case centers on two patents covering triazine compounds and cosmetic compositions used as UV filters. By securing access to samples and technical documentation related to the competitor's product MFSorb 513, 3V Sigma can build a strong evidentiary foundation for future infringement claims. This decision highlights the UPC's robust mechanisms for pre-trial evidence gathering.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc.
This Milan Local Division decision addressed procedural matters concerning an ongoing infringement and revocation action involving Ericsson. Due to Digital River's insolvency, Ericsson sought to withdraw its claim against that defendant, which was subsequently allowed. The Court ruled on the allocation of costs for these withdrawal proceedings, finding that equity dictated both parties bear their own expenses, despite initial disagreement.
Dainese S.p.A. v.Alpinestars S.p.A., Alpinestars Research S.p.A., Motocard Bike S.l.
This UPC CFI decision addressed an application by Dainese S.p.A. to limit its claims in an infringement action, specifically dropping one patent (EP'117) while maintaining another (EP'364). The court ruled that since the limitation was unconditional and only involved reducing the scope of the claim rather than withdrawing the entire case, Rule 263(3) RoP applied. This confirms that patentees can unilaterally limit their claims without penalty under this rule, ensuring procedural flexibility while deferring cost allocation until the main proceedings.
Prinoth S.p.A. v.Xelom S.R.L.
Prinoth S.p.A., a global leader in snow grooming vehicles, successfully obtained an urgent provisional measures order from the UPC CFI against Xelom S.R.L. The court authorized inspection of premises and seizure of the disputed electric snow groomer ('Snow Cat'). This decision is significant as it allows patent holders to secure evidence early in litigation when infringement is suspected but not yet proven.
Dainese S.p.A. v.Alpinestars S.p.A., Alpinestars Research S.p.A., Omnia Retail S.r.l., Horizon Moto 95 - Maxxess Cergy, Zund.Stoff Augsburg/Ulrich Herpich E.K., Motocard Bike S.l.
In this procedural order, Dainese S.p.A. successfully requested an extension of deadlines related to its infringement action against several defendants. The UPC Court recognized the need for coordination between the ongoing litigation and parallel opposition proceedings before the EPO concerning EP3498117. By granting the extension, the court prioritized procedural fairness and efficiency over simply staying the case, ensuring all parties have adequate time to examine the EPO's decisions.
Dainese S.p.A. v.Alpinestars S.p.A.
In this procedural order, the UPC Court of First Instance granted a request by Alpinestars S.p.A. to extend its deadline for filing defenses and revocation counterclaims. The court emphasized that coordinating UPC proceedings with parallel EPO appeals can be achieved through flexible procedural measures, such as extensions, rather than resorting to a stay. This ruling reinforces the balance between judicial efficiency and ensuring all parties have full rights of defense in complex patent litigation.
Cardo Systems, Ltd. v.Shenzhen Asmax Infinite Technology Co., Ltd. And Hong Kong Yiheng International Technology Co. Limited
Cardo Systems successfully obtained a provisional injunction against Shenzhen Asmax and Hong Kong Yiheng International Technology Co. Limited regarding the patented fastening device EP 4 240 194. The Court granted the preliminary measure without hearing the defendants, immediately halting their ability to market or use the infringing product across UPC member states. This decision highlights the speed and effectiveness of provisional measures within the Unified Patent Court system for protecting IP rights.
Primetals Technologies Austria GmbH v.Danieli & C. s.p.a.
Primetals Technologies Austria GmbH successfully obtained a provisional measure from the UPC Local Division in Milan, securing an order to preserve evidence and inspect premises of Danieli Group companies. The applicant sought this ex-parte order based on strong suspicion that the defendants' products infringed EP 2624977, which covers drivers for steel strip coiling installations. This decision is significant as it demonstrates the UPC's willingness to grant early investigative measures when a clear prima facie case of infringement and patent validity exists.
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
In this procedural order, the UPC Local Division granted a motion for confidentiality concerning sensitive financial and commercial information provided during cost documentation. The Court found that because the respondent did not object, it was permissible to limit access to these 'redacted' documents exclusively to the respondent's legal counsel. This decision reinforces the flexibility of the Unified Patent Court system to protect trade secrets while maintaining procedural fairness.
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