Litigation
11 litigation decisions from Milan (IT) Local Division.
Litigation Decisions
11 cases | Page 1 of 1
Cardo Systems, Ltd. v.Shenzhen Ziwu Chuangxin Technology Co., Ltd.and Resosport Limited
Cardo Systems, proprietor of EP 4 240 194 B1 relating to fastening devices for head-protective gear, obtained an ex parte injunction and seizure order against Shenzhen Ziwu Chuangxin Technology and Resosport Limited on 5 November 2025 during the EICMA motorcycle trade fair in Milan. The respondents applied for review of the order, challenging validity, infringement, and the balance of interests. The Milan Local Division revoked the provisional measures in their entirety, finding no infringement, no urgency, and that Cardo had breached its duty of candour, while ordering Cardo to pay EUR 28,000 in interim costs and partially releasing the security deposit.
TELEFONAKTIEBOLAGET LM ERICSSON v.ASUSTEK COMPUTER INC.and ARVATO NETHERLANDS B.V.
Ericsson filed an application for provisional measures (injunction) against ASUSTeK and Arvato in the Milan Local Division, related to ongoing main proceedings concerning EP 3 076 673 B1 (a video coding/HEVC patent). The application was filed after the main proceedings on the merits had commenced, with Ericsson citing delays in the main proceedings, recent German court decisions against ASUSTeK, and the launch of new allegedly infringing products. The Court dismissed the application for lack of urgency, holding that Ericsson failed to demonstrate new, different, and supervening factual circumstances that would justify interim relief when the main proceedings were already in their final stages.
Morello Forni Italia srl e Morello Forni Sas di Morello Marco & C v.Gastroteam Abbe AB e Marciuliano Attrezzature di Salvatore Marciuliano
This is a cost decision by the Unified Patent Court, Local Division Milan, following a prior judgment (UPC CFI n. 802/2024) finding that Gastroteam Abbe AB and Salvatore Marciuliano infringed patent EP3691454. The claimants sought reimbursement of €62,719.20 in litigation costs. The court determined that the cost application was timely filed and properly notified to both defendants, and awarded a total of €62,359.32, reducing the representatives' fees from €45,359.88 to €45,000 based on the proportionality principle and the limited complexity of the case.
PIRELLI TYRE S.P.A. v.TIANJIN KINGTYRE GROUP CO., LTD
Pirelli Tyre S.p.A. brought a patent infringement action against Tianjin Kingtyre Group Co., Ltd before the Milan Local Division of the Unified Patent Court concerning European Patent EP 2519412 for motorcycle tires. After Tianjin Kingtyre failed to enter an appearance within the three-month deadline following service of the statement of claim, Pirelli sought a default decision under Rule 355 RoP. The court granted the default decision, finding literal infringement of the patent and ordering injunctive relief, penalties, publication, and cost reimbursement.
PIRELLI TYRE S.P.A. v.Sichuan Yuanxing Rubber Co., Ltd.
Pirelli Tyre S.p.A. brought a patent infringement action before the Milan Local Division of the Unified Patent Court against Sichuan Yuanxing Rubber Co., Ltd. (SYR) concerning European Patent EP 3 519 207 B1, titled "motorcycles tyre," relating to a motorcycle tyre offering high road and off-road performance. Pirelli alleged that SYR's Helios HA-51R and HA-51F tyre models infringed claim 1 of the patent. The court found SYR had infringed the patent by offering and placing the infringing tyres on the market in several Contracting Member States, and ordered injunctive relief, publication, penalties, and damages in favor of Pirelli.
AGATHON AG v.INTERCOM S.R.L. And KNARR VERTRIEBS GMBH
Agathon AG, proprietor of European Patent EP 2 363 263 B1 relating to a centring device for a forming tool, brought an infringement action against Intercom S.r.l. and Knarr Vertriebs GmbH concerning centring devices marketed under specific article numbers. The defendants denied infringement and Intercom filed a counterclaim for revocation alleging lack of novelty and inventive step. The case was heard by the Court of First Instance, Milan Local Division, with a decision delivered on 5 May 2026.
GUALA PACK S.p.A. v.LD Packaging (Foshan) Co. LTD
Guala Pack S.p.A. filed an infringement action against Chinese company LD Packaging (Foshan) Co., Ltd before the Milan Local Division. While the statement of claim was being served via the Hague Convention at the defendant's registered office in China, Guala Pack sought an alternative order for service at LD Packaging's stand at the Interpack trade fair in Düsseldorf. The court granted the application, holding that operating a trade fair stand constitutes a temporary place of business under Rule 271.5(a) RoP, and ordered service by a German bailiff under German national law pursuant to Rule 271.4(b) RoP.
Cardo Systems, Ltd. v.Shenzhen Ziwu Chuangxin Technology Co., LTD and Resosport Limited
Cardo Systems, Ltd. filed an application under Rule 275 of the Rules of Procedure before the Milan Local Division seeking alternative methods of service on two defendants domiciled in China and Hong Kong. The court dismissed the application, finding that standard service attempts through the Hague Service Convention were still underway and it could not yet be determined that service could not be effected as required by Rule 275.1 RoP.
3V Sigma S.p.A. and 3V Chimica Porto Marghera S.r.l. v.A.C.E.F. S.r.l., A.G.A. SRL, MFCI Co., Ltd.
This is a procedural order from the Milan Local Division of the Unified Patent Court in case UPC CFI n. 2052/2025, concerning a joint request by all parties to suspend proceedings. Defendant MFCI Co., Ltd. filed the request citing ongoing settlement negotiations, and all other parties consented. The court granted the suspension under Rule 295.1(d) RoP, holding that the proceedings would be stayed until four weeks after any party files a request to resume.
Dainese S.p.A. v.Alpinestars S.p.A., Alpinestars Research S.p.a., Motorcard Bike S.I.
Dainese S.p.A., an Italian manufacturer of protective motorcycle equipment including the DAir® airbag system, brought an infringement action against Alpinestars S.p.A., Alpinestars Research S.p.A., and Motocard Bike S.l. (a Spanish company) concerning European Patent EP 4 072 364, alleging that the defendants' Tech Air 3 System and Tech Air 10 Race System products infringed the patent. The decision addresses jurisdictional issues under Article 8 of EU Regulation No. 1215/2012, examining whether there is a risk of irreconcilable judgments when one defendant is domiciled in Spain and is sued for infringement of the Spanish portion of the same patent.
PRNOTH SPA v.XELOM s.r.l.
Prinoth S.p.A., plaintiff in a patent infringement action before the UPC Local Division Milan concerning EP2507436 and EP1995159, sought a 30-day extension under Rule 9.3(a) RoP to file its reply, originally due April 27, 2026. Xelom s.r.l. opposed the request. The Judge Rapporteur granted the extension to May 27, 2026, finding the request timely, well-motivated, and supported by evidence, given that Xelom had introduced numerous new documents, approximately 150 new validity attacks, and a 360-p
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