306 cases · page 4 of 11
Showing 91–119PHOENIX CONTACT GmbH & Co. KG v.Respondent
1 Entscheidung des Gerichts erster Instanz des Einheitlichen Patentgerichts erlassen am 05.06.2025 KLÄGERIN PHOENIX CONTACT GmbH & Co. KG, Flachsmarktstraße 8-28, 32825 Blomberg, Deutschland, vertreten durch: Rechtsanwalt Hannes Jacobsen, CBH Rechtsanwälte, Ismaninger Stra
ILME GmbH Elektrotechnische Handelsgesellschaft, Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. v.Respondent
1 Entscheidung des Gerichts erster Instanz des Einheitlichen Patentgerichts erlassen am 05.06.2025 KLÄGERIN PHOENIX CONTACT GmbH & Co. KG, Flachsmarktstraße 8-28, 32825 Blomberg, Deutschland, vertreten durch: Rechtsanwalt Hannes Jacobsen, CBH Rechtsanwälte, Ismaninger Stra
Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l., Meril GmbH v.Respondent
This is a procedural order from the Local Division Munich concerning Meril's applications under Rule 353 RoP for rectification of the court's decision of 4 April 2025 in proceedings concerning European patent EP 3 669 828 (titled 'Prosthetic Heart Valve'). The court granted rectification of five items (1, 2, 3, 7, and 8) relating to corrections of claim references, a date error, translation errors in operative orders, and the claims asserted, but dismissed the remaining three items (4, 5, and 6) as unfounded.
Shenzhen Dianming Technology Co., Ltd v.Respondent
This procedural order concerns an infringement action involving European Patent No. 2 643 717, in which the plaintiff Swarco Futurit Verkehrssignalsysteme Ges.m.b.H. sued defendant Yunex GmbH. Shenzhen Dianming Technology Co., Ltd applied to intervene in support of the defendant's request to dismiss the infringement claim. Neither the plaintiff nor the defendant objected to the intervention, and the presiding judge granted the intervention application, rendering the prior invitation to intervene moot.
BioMarin Pharmaceutical Inc. v.Ascendis Pharma A/S, Ascendis Pharma Growth Disorders A/S
This is a procedural scheduling order issued by the Local Division Munich of the Court of First Instance concerning European Patent No. 3 175 863. The order addresses the coordination of an infringement action and a counterclaim for revocation, setting key dates for the interim conference, oral hearing, and written procedure. The panel also requested the appointment of a technically qualified judge in the field of biotechnology.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This is a procedural order issued by the Local Chamber Munich concerning European Patent No. 3 215 288, following an interim video hearing held on May 28, 2025. The dispute involves infringement claims by Heraeus against Vibrantz and a counterclaim for revocation. The order addresses procedural matters including the consolidation of formal requests, the admissibility of the revocation counterclaim for Germany, and the handling of late defendant submissions on factual and legal issues.
Nanoval GmbH & Co. KG v.ALD Vacuum Technologies GmbH
This case concerns a review under Rule 197.3 of the Rules of Procedure of an ex parte order for evidence preservation and inspection issued on February 3, 2025. The applicant, Nanoval GmbH & Co. KG, sought evidence preservation measures against ALD Vacuum Technologies GmbH in connection with European Patent EP 3 083 107. The respondent challenged the order, arguing that the applicant had failed to demonstrate a likelihood of patent infringement and the risk of loss of evidence. The court rejected the respondent's request to lift the order, finding that the applicant had presented all reasonably available evidence to support its claim of patent infringement.
Dolby International AB v.Roku, Inc.
This case concerns an application by Sun Patent Trust for review of an order concerning interim measures against Roku, Inc. in proceedings involving European Patents EP 2 903 267 and EP 3 200 463. The dispute arose after Roku filed a lawsuit in the United States District Court for the District of Massachusetts seeking, among other things, an anti-suit injunction against Sun Patent Trust. The court addressed key questions regarding cost allocation under Rule 360 RoP, the necessity of prior cease-and-desist letters before seeking interim measures, and the circumstances under which such warnings are dispensable.
Dolby International AB v.Roku, Inc.
This order concerns an application by Dolby International AB for review of a provisional measures order against Roku, Inc. in proceedings relating to European Patent EP 3 490 258 B1. The dispute arose after Roku filed a counterclaim for invalidity in the existing infringement proceedings and subsequently initiated a US lawsuit seeking, among other things, an injunction to prevent Dolby from pursuing the UPC action. The court addressed the question of cost allocation under Rule 360 RoP, holding that a prior warning (Abmahnung) is not a prerequisite for provisional measures but that its absence may affect cost allocation, particularly when the respondent immediately offers a cease-and-desist declaration.
Belparts Group N.V. v.IMI Hydronic International SA, IMI Hydronic Engineering AB
Procedural order issued by the Local Division Munich of the Court of First Instance scheduling proceedings in an infringement action concerning European patent no. 3 812 870. The panel decided not to bifurcate the proceedings and will hear both the infringement action and the counterclaim for revocation together, setting an interim videoconference for 24 March 2026 and an in-person oral hearing in Munich for 18 June 2026.
MediaTek Germany GmbH v.Respondent
Huawei Technologies filed an infringement action against MediaTek, Inc. and MediaTek Germany GmbH concerning European Patent EP 3 905 840 B1. Huawei requested that certain information highlighted in grey in the statement of claim, along with related annexes marked as confidential, be classified as confidential under Article 58 of the EPG Agreement in conjunction with Rules 262.2 and 262A.1 of the Rules of Procedure. The Local Chamber Munich granted the request, ordering that the confidential information be protected from access by the opposing party and the public, and that the defendants not disclose such information to third parties or use it outside the proceedings.
STADA Nordic ApS v.Respondent
This is a procedural order from the Local Division Munich of the Court of First Instance concerning patent infringement actions related to European Patent No. 2 493 466, which covers cabazitaxel compounds for treating prostate cancer. The claimants, multiple Sanofi entities, have brought infringement actions against several groups of defendants including Accord Healthcare, STADA, Reddy Pharma, and Zentiva entities across multiple UPC member states. The judge-rapporteur issued orders regarding the procedural schedule, including deadlines for rejoinders, closure of written procedure, interim conferences, and the oral hearing.
Sanofi B.V., Sanofi A/S, Sanofi Belgium, Sanofi-Aventis GmbH, Sanofi - Produtos Farmaceuticos Lda, Sanofi-Aventis Deutschland GmbH, Sanofi AB, Sanofi S.r.l., Sanofi Winthrop Industrie, Sanofi Mature IP v.Accord Healthcare GmbH, Accord Healthcare S.L.U., Accord Healthcare, Unipessoal Lda., Accord Healthcare B.V., Accord Healthcare Italia Srl, Accord Healthcare BV, Accord Healthcare AB
This is a procedural order from the Local Division Munich of the Court of First Instance concerning patent infringement actions involving European Patent No. 2 493 466 (relating to cabazitaxel for treating prostate cancer). The claimants, multiple Sanofi entities, sought cease and desist orders against defendants (Accord Healthcare, STADAPHARM, Reddy Pharma, and Zentiva entities) for their sales of CABAZITAXEL ACCORD in various UPC Member States. The defendants requested a stay of proceedings pending the EPO Board of Appeal decision and filed revocation counterclaims. The judge-rapporteur declined to stay the proceedings and set out the further procedural timetable.
Sanofi Mature IP, Sanofi AB, Sanofi B.V., Sanofi Winthrop Industrie, Sanofi A/S, Sanofi - Produtos Farmaceuticos Lda, Sanofi-Aventis GmbH, Sanofi S.r.l., Sanofi Belgium, Sanofi-Aventis France, Sanofi-Aventis Deutschland GmbH v.Zentiva Pharma GmbH, Zentiva, k.s., Zentiva France
This is a procedural order issued by the Local Division Munich of the Unified Patent Court on 8 May 2025 in four consolidated sets of patent infringement proceedings concerning European Patent No. 2 493 466, which covers cabazitaxel in combination with prednisone/prednisolone for treating castration-resistant metastatic prostate cancer. The claimants are multiple Sanofi entities, and the defendants include Accord Healthcare, STADA, Dr. Reddy's, and Zentiva generic pharmaceutical companies across various UPC member states. The order addresses preliminary objections, sets further procedural deadlines, and confirms dates for interim conferences and the oral hearing.
Sanofi B.V., Sanofi Mature IP, Sanofi AB, Sanofi Winthrop Industrie, Sanofi-Aventis GmbH, Sanofi Belgium, Sanofi - Produtos Farmaceuticos Lda, Sanofi A/S, Sanofi-Aventis Deutschland GmbH, Sanofi S.r.l., Sanofi-Aventis France v.Dr Reddy's Srl, betapharm Arzneimittel GmbH, Reddy Pharma SAS
Procedural order issued by the Local Division Munich of the Court of First Instance concerning patent infringement actions related to European Patent No. 2 493 466, which covers cabazitaxel for use in treating prostate cancer. The claimants, comprising multiple Sanofi entities, brought infringement actions against several groups of defendants including Accord Healthcare, STADA, Dr Reddy's, and Zentiva entities across multiple UPC member states. The judge-rapporteur ordered that preliminary objections be dealt with in the main proceedings and set out the schedule for the remaining written and oral procedure.
Samsung Electronics Benelux B.V. v.Respondent
This procedural order concerns an infringement action brought by Maxell, Ltd. against five Samsung entities regarding European patent No. 2 403 266. Samsung filed a Rule 9 application seeking a uniform deadline for filing the Statement of Defence across all Defendants, citing disparate actual service dates and anticipated delays in serving the Korean Defendant. The court granted the request, setting a uniform deadline of 5 August 2025 for all Defendants and instructing the Registry to enter 5 May 2025 as the virtual service date for all Defendants.
Longi (Netherlands) Trading B.V., LONGi Solar Technologie GmbH, Energy3000 solar GmbH, LONGI SOLAR FRANCE SARL. v.Respondent
This is a procedural order from the Local Division Munich of the Court of First Instance concerning an infringement action related to European patent no. 4 372 829. The order addresses the service of the statement of claim on Defendant 2 (LONGi Green Energy Technology Co. Ltd.) and extends the deadline for Defendants 1, 2, 3, 5, and 6 to lodge their Statement of Defence and Counterclaim for revocation until 21 July 2025, following an agreement between the parties.
BioNTech SE, BioNTech Manufacturing GmbH , BioNTech Europe GmbH , BioNTech Manufacturing Marburg GmbH , BioNTech Innovative Manufacturing Services GmbH v.Promosome LLC
Promosome LLC brought a patent infringement action before the Local Division Munich of the Unified Patent Court against BioNTech and Pfizer entities concerning European patent EP 2 401 365, targeting several Comirnaty® COVID-19 vaccine variants. The defendants raised a preliminary objection challenging the UPC's jurisdiction over the Comirnaty® Original/Omicron BA.1 variant (embodiment 2b), arguing it was produced and sold only before 1 June 2023, making jurisdiction contrary to the non-retroactivity principle under Art. 28 VCLT. The judge-rapporteur held that the preliminary objection was admissible but deferred its final determination to the main proceedings under Rule 20.2 RoP, pending a related Court of Appeal decision.
Pfizer Manufacturing Belgium NV , Pfizer SAS, Pfizer, Inc. , Pfizer AB v.Promosome LLC
Promosome LLC filed a patent infringement action before the Local Division Munich of the Unified Patent Court against BioNTech and Pfizer entities concerning European patent EP 2 401 365 and various Comirnaty® COVID-19 vaccine variants. The defendants raised a preliminary objection challenging the UPC's jurisdiction over the Comirnaty® Original/Omicron BA.1 variant, arguing it was only produced and sold before 1 June 2023, relying on Article 28 of the Vienna Convention on the Law of Treaties. The judge-rapporteur deferred the preliminary objection to the main proceedings under Rule 20.2 RoP, expressing a non-binding view concurring with existing UPC case law that the UPC has subject-matter competence over allegedly infringing acts committed before the UPCA's entry into force.
Emboline, Inc. v.Respondent
1. The one who files a counterclaim for revocation (Art. 32 (1) e) UPCA) is an “Applicant” according to Art. 69 (4) UPCA. 2. Anyone who claims that he would be driven into insolvency in case of an injunction to desist, confirms that his financial position gives rise to a legitimate and real concern that a possible order for costs may not be recoverable. Local Division Munich UPC_CFI_628/2024 ACT_58638/2024 App_8962/2025 2 APPLICANT (CLAIMANT IN THE INFRINGEMENT PROCE
Heraeus Electronics GmbH & Co. KG v.Respondent
This procedural order concerns a dispute over the commencement of the reply deadline in proceedings involving European Patent No. 3 215 288. The plaintiffs (Heraeus) sought an extension of their reply deadline to May 2, 2025, arguing that members of their Confidentiality Club only gained access to the unredacted pleadings on April 1, 2025, rather than March 17, 2025 as the court had assumed. The defendant (Vibrantz) requested clarification that the defendant's reply period begins April 22, 2025 and written proceedings end no earlier than May 22, 2025. The court addressed the question of when time limits begin to run in the context of a provisional Confidentiality Club and the impact of vacation absences of its members.
Edwards Lifesciences Corporation v.Respondent
This is a procedural order from the Local Division Munich of the Court of First Instance concerning European Patent No. 3669828. Edwards Lifesciences Corporation notified the court of its intention to enforce specific parts of a decision dated 4 April 2025 pursuant to Rule 118.8 RoP. The defendants (Meril entities) agreed not to request a translation and confirmed compliance with the relevant orders, and the court ordered the issuance of an authentic paper copy of the decision.
Syngenta Limited v.Respondent
Syngenta Limited applied to the Local Division Munich for leave to amend its claim to extend the territorial scope of the infringement action to include Poland, the Czech Republic, and the United Kingdom, following the ECJ's decision in BSH Hausgeräte GmbH v. Electrolux AB (C-3999/22). Sumi Agro opposed, arguing the amendment could have been made earlier with reasonable diligence. The Court granted the application, holding that Syngenta could not reasonably have been expected to include the non-UPC territories in its original statement of claim, and adjusted the procedural timetable accordingly.
Shanghai Jinko Green Energy Enterprise Management Co., Ltd., Zhejiang Jinko Solar Co., Ltd. v.Soltech Energy GbR, LONGI SOLAR FRANCE SARL., LONGi Green Energy Technology Co. Ltd., LONGi Solar Technologie GmbH, Longi (Netherlands) Trading B.V., Energy3000 solar GmbH
This Procedural Order addressed the issue of service of the statement of claim on Defendant 4 (Soltech Energy GbR) in a patent infringement action concerning European patent No. 4 372 829. A registered letter sent via Deutsche Post was notified for collection on 10 March 2025 but was not collected by the defendant and was returned to the Court marked 'nicht abgeholt' (unclaimed). The Court applied Rule 271.6(b) RoP and deemed the statement of claim to have been served on 14 March 2025, ordering Defendant 4 to file its statement of defence by 16 June 2025.
Headwater Research LLC v.Respondent
This procedural order concerns an application by the plaintiff, Headwater Research LLC, for separation of proceedings under Rule 303(2) of the Rules of Procedure in a patent infringement action against five defendants, including Motorola entities, Digital River Ireland Ltd., and Flextronics International Europe B.V. The plaintiff sought to separate the case against the fifth defendant (Flextronics) into its own proceeding and to avoid paying an additional court fee for the separated case. The fifth defendant opposed the application, arguing that the delay was caused by the plaintiff's own insufficient pre-filing investigations.
Shanghai Jinko Green Energy Enterprise Management Co., Ltd., Zhejiang Jinko Solar Co., Ltd. v.LONGi Solar Technologie GmbH, Energy3000 solar GmbH, Longi (Netherlands) Trading B.V., LONGi Green Energy Technology Co. Ltd., LONGI SOLAR FRANCE SARL., Soltech Energy GbR
This is a procedural order from the Local Division Munich concerning service of process in an infringement action relating to European patent EP 4 372 829. The court addressed the question of whether service on Defendant 4 (Soltech Energy GbR) via registered letter that was not collected by the addressee should be deemed valid. Applying Rule 271.6.b of the Rules of Procedure, the presiding judge deemed service on Defendant 4 to have been completed on 14 March 2025 and ordered the statement of defence to be filed by 16 June 2025.
President and Fellows of Harvard College v.Respondent
This procedural order concerns the continuation of the written procedure in a patent infringement action involving EP 4 108 782. The claimants (10x Genomics and Harvard) had initially filed 55 auxiliary requests, which were later reduced to 4 in a revised application to amend the patent submitted on 9 April 2025. The panel held that 4 auxiliary requests is indisputably a reasonable number under Rule 30.1(c) RoP, and ordered continuation of the written procedure given the proceedings had already lasted nearly two years and an oral hearing date had already been agreed.
Meril Life Sciences Pvt Ltd. v.Respondent
This procedural order from the Local Division Munich of the Unified Patent Court concerns European patent EP 3 646 825 and addresses the withdrawal of various applications filed in the course of infringement proceedings. After third party Erik Krahbichler withdrew his application for access to the file, defendants Meril filed applications for cost reimbursement and protection of confidential information. Following guidance from the judge-rapporteur referencing a similar order from the Central Division Paris Seat, Meril withdrew these applications, and the court permitted the withdrawals, closed the workflows, and ordered each party to bear its own costs.
BioNTech Manufacturing Marburg GmbH , BioNTech SE, BioNTech Innovative Manufacturing Services GmbH , BioNTech Manufacturing GmbH , BioNTech Europe GmbH v.Respondent
This is a procedural order from the Local Division Munich of the Unified Patent Court in a patent infringement action concerning European patent EP 2 401 365. The Defendants (BioNTech and Pfizer entities) requested security for costs of EUR 5,000,000 each, while the Claimant Promosome LLC proposed significantly lower amounts. The parties reached agreement on a security amount of EUR 1,500,000 to be provided by deposit within three weeks, and the Court ordered accordingly, rejecting the request for a default decision as premature.
Meril Life Sciences Pvt. Ltd. v.Respondent
Procedural order concerning European Patent No. 3669828 before the Local Division Munich. Following a third party's (Erik Krahbichler) withdrawal of his application for access to the file, the defendant Meril Life Sciences withdrew its applications for cost reimbursement and protection of confidential information. The Presiding Judge permitted the withdrawals, closed the workflows, ordered each party to bear its own costs, and directed that Edwards and Krahbichler must not disclose information marked by Meril as confidential.
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