306 cases · page 6 of 11
Showing 151–179SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. v.Yunex GmbH
The Local Chamber Munich issued an order in evidence preservation proceedings concerning European Patent EP 2 643 717, owned by SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. SWARCO alleged that Yunex GmbH had installed patent-infringing collective optics manufactured by Shenzhen Dianming Tech Co., Ltd in LED display panels deployed in the city of Mönchengladbach. The order addressed the procedural question of how to handle the mootness (Erledigung) of an evidence preservation application, holding that Rules 360 and 198.1 of the Rules of Procedure apply analogously, and reserving the cost decision to the main proceedings.
Nokia Technologies Oy ao v.Shanghai Sunmi Technology Co., Ltd ao
The Local Chamber Munich issued an order on February 19, 2025, in proceedings concerning European Patents EP 2 243 229 and EP 3 799 333, following an oral hearing on February 18, 2025. The applicants, two Nokia group entities responsible for managing and licensing Nokia's patent portfolio, sought provisional measures against three Chinese respondents (Shanghai Sunmi Technology, Sunmi Technology (Yunnan), and Shangtian Technology (Shanghai)) ahead of the EuroCIS trade fair in Düsseldorf. The order establishes key legal principles regarding the imminence of patent infringement, particularly in the context of anti-suit injunctions, and addresses the conditions under which security for provisional measures may be exceptionally omitted.
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Respondent
This is a rectification order from the Local Division Munich of the Court of First Instance concerning EP 3 646 825, a patent related to heart valve prostheses. Meril Gmbh and Meril Life Sciences Pvt Ltd. (the defendants in the underlying infringement action) applied under Rule 353 RoP to rectify clerical mistakes, errors in calculation, and obvious slips in the court's decision of 15 November 2024. The court granted several rectifications relating to factual inaccuracies on pages 13, 14, 28, 39, 41, 53, and 59 of the decision, while dismissing the remaining requests.
GXD-Bio Corporation v.Myriad Genetics S.r.l., Myriad GmbH, Myriad Genetics S.A.S., Myriad Genetics B.V., Myriad Genetics, Inc., Myriad Service GmbH, Myriad Genetics GmbH
GXD-Bio Corporation sued multiple Myriad entities and Eurobio Scientific for alleged infringement of European patent EP 3 346 403 before the Local Division Munich. The defendants filed a preliminary objection arguing the court lacked competence to adjudicate claims for acts predating GXD-Bio's recordal as patent proprietor. The court rejected the preliminary objection, holding that the defendants' arguments concerned standing and substantive ownership rather than jurisdiction under Article 32 UPCA, and allowed an appeal.
Syngenta Limited v.Sumi Agro Europe Limited, Sumi Agro Limited
This is a scheduling order issued by the Local Division Munich of the Unified Patent Court in a patent infringement action brought by Syngenta Limited against Sumi Agro Limited and Sumi Agro Europe Limited concerning European patent No. 2 152 073. The order sets dates for the interim conference (6 October 2025) and the oral hearing (10 December 2025), and requests the assignment of a technically qualified judge to the panel.
biolitec Holding GmbH & Co. KG v.S.I.A. LIGHTGUIDE International, Light Guide Optics Germany GmbH
The Local Chamber Munich ruled on a jurisdiction objection raised by the defendants in an infringement action concerning EP 3 685 783. The court held that the Munich chamber was competent to hear the infringement case, rejecting the defendants' argument under Article 33(2) EPGÜ that the Düsseldorf chamber should have jurisdiction. The court reasoned that at the time the infringement action was filed on November 20, 2024, no parallel action under Article 32(1)(a), (c), (f), (g) or (h) was pending before another first-instance chamber, since the prior interim measures application had already been appealed to the Court of Appeal.
BSN Medical GmbH v.Respondent
1 Entscheidung des Gerichts erster Instanz des Einheitlichen Patentgerichts, erlassen am 10.02.2025 KLÄGERIN BSN Medical GmbH, Schützenstraße 1-3, 22761 Hamburg, Deutschland, vertreten durch: Christian Stoll Hogan Lovells International LLP, Alstertor 2, 20095 Hamburg, Deutschla
XSYS Prepress N.V., XSYS Germany GmbH, XSYS Italia S.r.l. v.Esko-Graphics Imaging GmbH
The Local Division Munich of the Unified Patent Court rejected a preliminary objection filed by the defendants challenging the court's jurisdiction over alleged infringing acts that took place before the UPCA entered into force on 1 June 2023 and during the period between the patent's opt-out and subsequent opt-in. The court held that jurisdiction and applicable law are separate concepts, and that the UPC's jurisdiction under Art. 32(1)(a) UPCA extends to infringement actions based on pre-entry-into-force acts of use. The defendants' auxiliary request for a stay and referral to the CJEU was also rejected, and appeal was allowed.
Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A., ILME GmbH Elektrotechnische Handelsgesellschaft v.PHOENIX CONTACT GmbH & Co. KG
The Local Division Munich addressed an objection by the defendants challenging the court's jurisdiction over alleged infringing acts that occurred before the Unified Patent Court Agreement (UPCA) entered into force and during the period of an opt-out. The court held that the UPC's jurisdiction under Art. 32(1)(a) UPCA, Art. 2(g), and Art. 3(c) UPCA extends to infringement actions based on such pre-UPCA and opt-out period acts of use. The court further clarified that jurisdiction and applicable law are separate legal concepts that must be assessed independently of one another.
SSAB Europe Oy, SSAB Swedish Steel GmbH v.Tiroler Rohre GmbH
This case concerns a cost-setting decision by the Local Chamber Munich following the withdrawal of an application for interim measures. The applicants, SSAB Swedish Steel GmbH and SSAB Europe Oy, sought reimbursement of approximately €91,568.76 in costs from Tiroler Rohre GmbH, who had been ordered to bear the costs after withdrawing the interim measures application. The respondent argued the costs were excessive and requested a cap of €30,000, contending that the number of representatives and hours billed were disproportionate to the case's complexity.
Motorola Mobility LLC v.Respondent
Ericsson filed an application under Rule 262A RoP seeking to classify certain information related to ongoing FRAND license negotiations as confidential and restrict its disclosure in proceedings concerning European patent EP 3 780 758. Motorola Mobility LLC opposed the application, arguing that most of the information originated from its own parent group, Lenovo, and there was no justification for restricting a party's access to its own information. The Local Division Munich rejected the application in its entirety.
Motorola Mobility LLC v.Respondent
The Local Division Munich addressed a preliminary objection raised by Motorola Mobility LLC against a second counterclaim for revocation of EP 3 780 758 filed by Ericsson. Motorola argued that the court lacked jurisdiction due to lis pendens, as the validity of the same patent was already subject to prior proceedings between the same parties in the same court. The Judge-rapporteur allowed the preliminary objection, holding that Article 33(2) UPCA applies equally when the same parties bring duplicative actions on the same patent before the same division, and dismissed the second counterclaim as inadmissible without a separate costs decision.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
This is a procedural scheduling order issued by the Local Division Munich of the Court of First Instance of the Unified Patent Court on 5 February 2025 in an infringement action with a counterclaim for revocation concerning European patent n° 3669828. The order summons the parties to an oral hearing scheduled for 11 February 2025 at 9:00 a.m. in Munich, and provides standard procedural information regarding review, public access, audio recording, and consequences of absence.
The Walt Disney Company (Benelux) B.V. v.Respondent
This procedural order concerns a patent infringement action brought by Adeia Guides Inc. against three Walt Disney entities regarding European Patent No. 2 793 430. The defendants jointly requested an extension of the deadline for filing their Statement of Defence with Counterclaim for Revocation to 11 March 2025. The Presiding Judge granted the request based on the parties' agreement and the minimal extension period involved.
Qualcomm Incorporated v.Respondent
Qualcomm Incorporated filed a patent infringement action on 17 July 2024 before the Local Division Munich against six defendants concerning European patent EP 2 286 325. After reaching a settlement with Defendant 1 (Shenzhen Transsion Holdings), Qualcomm withdrew the action on 17 January 2025 and applied for a 60% reimbursement of court fees. The Court permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of €18,600.00 to the Claimant.
Fuchs Patentanwälte Partnerschaft mbB v.Respondent
This is an order from the Local Chamber Munich concerning European Patent No. 1 838 002, in which patent attorney Christian Läufer requested access to court filings and evidence under Rule 262.1(b) of the Rules of Procedure as a member of the public for learning and training purposes. Neither the plaintiff (Avago Technologies) nor the defendants (Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE) raised objections to the request. The presiding judge granted the applicant access to the filings and annexes in the counterclaim for revocation workflow, but not to the infringement proceedings file or other workflows.
SnowPixie Co., Ltd. v.Respondent
This order concerns an application by the defendant in infringement proceedings for the Local Chamber Munich to order the plaintiff to provide security for costs under Rule 158 of the Rules of Procedure of the Unified Patent Court. The applicant argued that the plaintiff, a small enterprise, lacked sufficient financial means, citing a low credit rating and recent operating losses. The court ordered security for costs but reduced the amount based on equity considerations, while rejecting the plaintiff's application for legal aid because it was capable of bearing both its own costs and the ordered security.
Lenovo (Singapore) Pte. Ltd. v.ASUSTek Computer Inc., ASUS Computer GmbH, ASUSTEK (UK) LIMITED
This is a procedural order issued by the Local Chamber Munich in an infringement action concerning European Patent No. 3 682 587. The plaintiff Lenovo (Singapore) Pte. Ltd. brought the action against three ASUS entities. The presiding judge scheduled an interim hearing via video conference for September 25, 2025, and an oral hearing in person for November 19, 2025, in Munich, with deadlines for parties to submit proposed topics and cost estimates.
Snowpixie Co., Ltd. v.Golf Tech Golfartikel Vertriebs GmbH
The defendant in an underlying patent infringement proceeding applied for an order requiring the plaintiff to provide security for costs under Rule 158 of the Rules of Procedure, citing the plaintiff's poor credit rating and recent operating losses. The plaintiff opposed the application and alternatively sought legal aid. The Local Chamber Munich ordered the plaintiff to provide security in a reduced amount, finding that although the plaintiff qualified as a small enterprise with insufficient assets, equity considerations and the principle of effective access to justice warranted a reduction below the applicant's requested EUR 257,000. Legal aid was denied because the plaintiff was capable of bearing both its own costs and the reduced security.
Zentiva France, Zentiva, k.s., Zentiva Pharma GmbH v.Sanofi Mature IP
This is a procedural order issued by the Local Division Munich of the Unified Patent Court scheduling an interim conference and oral hearing in consolidated infringement actions concerning European Patent No. 2 493 466. The claimants are multiple Sanofi entities, and the defendants include Zentiva France, Zentiva Pharma GmbH, and Zentiva, k.s. (among other defendants in related proceedings). The Presiding Judge set the interim conference for 17 July 2025 and the oral hearing for 14-17 October 2025.
TCL Deutschland GmbH & Co. KG, TCL Operations Polska Sp. z.o.o, TCT Mobile Germany GmbH, TCT Mobile Europe SAS v.Respondent
The Local Division Munich of the Unified Patent Court addressed the withdrawal of counterclaims for revocation and for a FRAND-license offer filed by certain TCL defendants in a patent infringement action brought by NEC Corporation concerning European patent EP 2 645 714. Following a settlement and the conclusion of a patent licence agreement, the defendants withdrew both counterclaims and sought partial reimbursement of court fees. The court permitted the withdrawals, ordered 60% reimbursement of court fees for both counterclaims, and held that a counterclaim for a FRAND-license offer is subject to court fees by analogous application of Rule 370 RoP.
Headwater Research LLC v.Respondent
This is a procedural order from the Local Division Munich of the Court of First Instance concerning European Patent EP 2 391 947. The order addresses multiple applications including Samsung's filing on Headwater's standing to sue, Samsung's confidentiality application, and Headwater's applications for leave to amend its pleadings. The Court granted Headwater leave to amend its claims, dismissed Samsung's confidentiality application as superfluous, and set deadlines for further submissions and the Interim Conference.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This is a procedural order issued by the Local Division Munich in an infringement action concerning European Patent No. 3 215 288. The order reschedules the interim hearing (Zwischenanhörung) from May 23, 2025 to May 28, 2025 due to a scheduling conflict, while confirming the oral hearing date of July 1, 2025. The written proceedings are set to close on May 14, 2025, and parties may submit substantive proposals for the interim hearing until May 23, 2025.
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Respondent
This is an order from the Local Division Munich of the Unified Patent Court concerning EP 3 646 825, dealing with procedural applications following a prior infringement decision. Meril (the defendants) sought an extension of the deadline to comment on Edwards Lifesciences' application for a cost decision, arguing that pending confidentiality issues prevented them from properly responding. The judge-rapporteur lifted all deadlines relating to the cost decision and the protection of confidential information, with new deadlines to be set in due course.
Edwards Lifesciences Corporation v.Meril Gmbh, Meril Life Sciences Pvt Ltd.
This order from the Local Division Munich of the Unified Patent Court concerns European patent EP 3 646 825 and addresses procedural matters related to Edwards's application for a cost decision and competing confidentiality applications under Rule 262A RoP. The court indicated its intention to follow the reasoning of the Central Division (Paris Seat) order of 30 July 2024, which would grant Meril unlimited access to the costs application while restricting third-party/public access under Rule 262.2 RoP. Edwards was invited to comment within 10 days on the confidentiality applications before the court would invite Meril to comment on the costs application.
Meril Gmbh, Meril Life Sciences Pvt Ltd. v.Respondent
Before the Local Division Munich concerning EP 3 646 825, Meril sought a partial stay of proceedings relating to Edwards Lifesciences' cost decision application and a stay of the confidentiality information application, pending a Court of Appeal decision. The judge-rapporteur indicated willingness to order a full stay if both parties agreed, but neither party requested one. Meril then informed the court that its confidentiality stay application would not be maintained if a full or partial stay of the costs proceedings was not granted, rendering a decision on that application unnecessary.
Sanofi Winthrop Industrie, Sanofi S.r.l., Sanofi B.V., Sanofi AB, Sanofi-Aventis GmbH, Sanofi-Aventis Deutschland GmbH, Sanofi Mature IP, Sanofi Belgium, Sanofi A/S, Sanofi - Produtos Farmaceuticos Lda v.Accord Healthcare AB, Accord Healthcare S.L.U., Accord Healthcare GmbH, Accord Healthcare Italia Srl, Accord Healthcare BV, Accord Healthcare B.V., Accord Healthcare, Unipessoal Lda.
This is a procedural order from the Local Division Munich of the Unified Patent Court issued on 22 January 2025, consolidating four parallel patent infringement actions (UPC_CFI_145/2024 through UPC_CFI_148/2024) brought by multiple Sanofi entities against Accord Healthcare, STADA, Reddy Pharma, and Zentiva regarding European Patent No. 2 493 466. The defendants raised preliminary objections concerning jurisdiction, standing of certain claimants, and the scope of the claims. Following a preliminary interim conference, the court ordered Sanofi to remedy deficiencies in its formal submissions within 7 days, invited defendants to comment within 14 days, waived all other deadlines, and set the values of the infringement claims and counterclaims.
air up group GmbH v.Respondent
This case before the Local Division Munich concerned the service of a decision by default in provisional measures proceedings regarding European Patent EP 3 655 341. The defendant, domiciled in China, could not be served through the Chinese authorities under the Hague Service Convention, which failed to process service for over six months. The court held that publication of the decision by default on the Court's website, with notification to the defendant by email, constitutes good service pursuant to Rule 275.2 of the Rules of Procedure.
XSYS Italia S.r.l., XSYS Germany GmbH, XSYS Prepress N.V. v.Respondent
ORDER of the President of the Court of First Instance in the proceedings before the Local Division MUNICH pursuant to R. 323 RoP (language of the proceedings) issued on 15/01/2025 APPLICANTS (DEFENDANTS IN THE MAIN PROCEEDINGS): 1) XSYS Germany GmbH, Industriestraße 1, 77731 Willstätt - G
NEC Corporation v.Respondent
NEC Corporation filed a patent infringement action against multiple TCL entities concerning European patent EP 2 645 714 before the Local Division Munich. Before the closure of the written procedure, the parties reached a contractual agreement, and NEC declared withdrawal of the action. The Court permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the court fees paid by NEC.
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