306 cases · page 8 of 11
Showing 211–239Häfele SE & Co KG v.Kunststoff KG Nehl & Co
The Local Chamber Munich issued an order on November 25, 2024, in case UPC_CFI_443/2024 concerning a request for preliminary measures brought by Häfele SE & Co KG against an unnamed defendant. The order set out seven guiding principles addressing procedural independence from ownership disputes, claim interpretation regarding subclaims, the inadmissibility of prosecution files as interpretation material, and the balance-of-interests analysis required for preliminary injunctions. The full operative provisions of the ruling are not visible in the available text excerpt.
Collomix GmbH v.Respondent
Collomix GmbH filed a patent infringement action against three defendants concerning water dosing devices marketed under the 'PARKSIDE® Wasser-Dosiergerät' brand. After filing the lawsuit, the plaintiff requested permission to submit a physical example of the accused embodiment, including its original packaging, operating instructions, and a matching screwdriver. Defendants 1 and 2 objected, arguing under Rule 171.1 of the Rules of Procedure that the evidence should have been submitted with the initial complaint. The Local Chamber Munich ordered the submission, holding that Rule 172.2 RoP permits the court to order production of evidence at any stage of the proceedings.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Ltd., Meril Gmbh
This decision was issued by the Local Division Munich of the Unified Patent Court's Court of First Instance concerning European Patent EP 3 646 825. The headnotes address key procedural and substantive issues including the UPC's jurisdiction over pre-1 June 2023 infringing acts, the claimant's choice of competent German local division, bifurcation and referral of counterclaims for revocation under Article 32(3b) UPCA, and the court's discretion regarding stays of infringement proceedings. The decision also addresses injunctive relief under Article 34 UPCA, the consideration of third-party and public interests under Article 64(4) UPCA, and mechanisms such as mandatory licenses and single-use licenses to address public needs.
Meril Gmbh, Meril Life Sciences Pvt Ltd. v.Respondent
This procedural order concerns an infringement action regarding European patent EP 3 646 825 before the Local Division Munich. The Defendants (Meril) filed late applications requesting the Court to approach the European Commission regarding ongoing antitrust investigations into the Claimant (Edwards Lifesciences) and to reopen the written procedure. The Court rejected the requests as untimely, finding they were filed after the closure of the written procedure and the oral hearing, and noted that no formal investigation had been opened by the European Commission.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This procedural order concerns the handling of confidential information in a patent infringement dispute involving European Patent No. 3 215 288. The defendant Vibrantz GmbH sought to classify certain redacted text passages and unredacted exhibits as confidential, restricting access to a limited number of persons. The claimants Heraeus partially contested the need for protection, arguing that some information had already been disclosed in national proceedings and requesting access for five named individuals. The court addressed the scope of confidentiality protection and the number of persons permitted to access the sensitive recipe/formulation information.
Qualcomm Inc. v.Samsung Electronics GmbH, Samsung Electronics Co. Ltd., Samsung Electronics France S.A.S
Local Division Munich UPC_CFI_54/2024 Preliminary Order of the Court of First Instance of the Unified Patent Court delivered on 12 November 2024 Claimant 1) Headwater Research LLC (Main proceeding party - Claimant) - 110 North College Ave., Suite 1116 - 75702 - Tyler, Texas - US
Tiroler Rohre GmbH v.Respondent
The Local Chamber Munich addressed the procedural consequences following the withdrawal of an application for interim measures concerning European Patent EP 2 839 083. After the applicant withdrew its request following the oral hearing, the defendants argued they had a legitimate interest in a substantive decision due to defense costs and the imminent filing of a main action. The court held that no legitimate interest existed for a decision after withdrawal, as such a decision would have no res judicata effect and could not prevent new proceedings.
MSG Maschinenbau GmbH v.EJP Maschinen GmbH
This case concerned an infringement action and a counterclaim for revocation regarding European Patent EP 3 225 320 B1, which relates to a device and method for measuring the straightness of rod-shaped workpieces. Following the complete revocation of the patent by the EPO Board of Appeal on July 4, 2024, the plaintiff withdrew the infringement action under Rule 265 RoP and sought a 60% reimbursement of court fees. The defendant sought a declaration that the revocation counterclaim had become moot under Rule 360 RoP and also requested a 60% reimbursement of court fees.
SES-imagotag SA v.Hanshow Technology Co. Ltd, Hanshow Germany GmbH, Hanshow France SAS, Hanshow Netherlands B.V.
This is a cost assessment decision by the Local Chamber Munich concerning the reimbursement of costs following the rejection of an application for interim measures. The applicant SES-imagotag SA was ordered to bear the costs of the respondents (four Hanshow group companies) up to a cap of €200,000. The court assessed the claimed costs through a plausibility check, establishing that detailed hour-by-hour breakdowns are not strictly required and that representation by a team of three lawyers and two patent attorneys is appropriate for proceedings against four group-affiliated companies.
i-mop GmbH v.ARCORA International GmbH
This is a default judgment (Versäumnisentscheidung) issued by the Local Chamber Munich in a patent infringement action under Article 37 of the UPC Agreement and Rule 355 of the Rules of Procedure. The plaintiff, i-mop GmbH, is the proprietor of European Patent EP 3 760 094 B1, which protects a hand-guided floor processing device with a specific joint configuration allowing the floor part to be rotated at least ±45° around a vertical axis. The defendant, ARCORA International GmbH, is a German-domiciled company against whom the infringement claim was directed. The judgment was rendered by a panel consisting of Presiding Judge Ulrike Voß (Rapporteur), legally qualified Judge Dr. Daniel Voß, and legally qualified Judge Mojca Mlakar.
Hanshow France SAS, Hanshow Netherlands B.V., Hanshow Germany GmbH, Hanshow Technology Co. Ltd v.Respondent
The Local Chamber Munich of the Unified Patent Court ruled on a cost determination request concerning appeal costs. The respondents (Hanshow entities) had filed their cost determination request on June 18, 2024, more than one month after the appeal was rejected on May 13, 2024, thereby missing the one-month deadline under Rule 151 RoP. The court held that the retroactive extension of the deadline under Rule 9.3(a) RoP was inadmissible, as Rule 320 RoP on restitutio in integrum operates as lex specialis and displaces the general extension rule in this context.
NEC Corporation v.TCL Operations Polska Sp. Z.o.o, , TCT Mobile Europe SAS, TCL Industrial Holdings Co., Ltd., TCL Deutschland GmbH & Co. KG, TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd., TCT Mobile Germany GmbH
This case concerns an application by Access Advance LLC, the administrator of a HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against several TCL entities regarding European patent EP 2 863 637. The Court of First Instance of the Unified Patent Court (Local Division Munich) admitted the intervention, holding that a patent pool administrator has a legal interest under Rule 313 RoP, that admission does not per se violate Article 101 TFEU, and that the intervener must be granted access to the case file through the Claimant's representatives, subject to confidentiality restrictions on information already classified as confidential under Rule 262a RoP.
Samsung Electronics GmbH v.Respondent
The Local Division Munich of the Unified Patent Court issued a procedural order on an application by Samsung under Rule 158 RoP for security for costs in a patent infringement action brought by US-based Headwater Research LLC concerning EP 2 391 947. The Court found that Headwater, a non-practicing entity with no assets other than patents used in worldwide litigation, failed to substantively challenge the Defendants' concerns about cost recoverability. The Court ordered Headwater to deposit €100,000 as security for costs within three weeks.
NEC Corporation v.TCL Communication Technology Holdings Ltd., TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCL Industrial Holdings Co., Ltd., TCT Mobile Germany GmbH, TCL Overseas Marketing Ltd.,, TCL Deutschland GmbH & Co. KG
The Local Division Munich of the Unified Patent Court addressed an application by Access Advance LLC, administrator of a HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against multiple TCL entities concerning European patent EP 2 863 637. The court admitted the intervention, holding that a patent pool administrator has a legal interest under Rule 313 RoP, that admission does not per se violate Article 101 TFEU, and that the intervener must be granted access to the case file subject to confidentiality restrictions on information already classified as confidential under Rule 262a RoP.
NEC Corporation v.TCT Mobile Germany GmbH, TCL Communication Technology Holdings Ltd., TCL Industrial Holdings Co., Ltd., TCL Operations Polska Sp. z.o.o, TCL Deutschland GmbH & Co. KG, TCT Mobile Europe SAS, TCL Overseas Marketing Ltd.,
This case concerns an application by Access Advance LLC, the administrator of a HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against several TCL entities regarding European patent EP 2 645 714 B1. The Defendants opposed the intervention, arguing that Access Advance lacked a legal interest and that allowing it would circumvent a non-disclosure agreement and potentially violate Article 101 TFEU. The Local Division Munich admitted the intervention in support of the Claimant, subject to strict confidentiality restrictions limiting Access Advance's access to certain sensitive information.
NEC Corporation v.TCL Communication Technology Holdings Ltd., TCL Industrial Holdings Co., Ltd., TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG, TCL Overseas Marketing Ltd.,
This case concerns an application by Access Advance LLC, the administrator of an HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against multiple TCL entities concerning European patent EP 3 057 321 B1. The Defendants opposed the intervention, arguing that Access Advance lacked a sufficient legal interest and that allowing intervention would circumvent an NDA and potentially violate Article 101 TFEU. The Local Division Munich granted the application to intervene, subject to strict confidentiality protections and procedural conditions.
Xiaomi Communications Co., Ltd., Xiaomi Technology Netherlands B.V., Xiaomi Technology France S.A.S, Xiaomi H.K. Limited, Shamrock Mobile GmbH, Xiaomi Inc., Beijing Xiaomi Mobile Software Co. Ltd., Odiporo GmbH, Xiaomi Technology Germany GmbH, Xiaomi v.Respondent
Panasonic Holdings Corporation brought a patent infringement action against ten Xiaomi-related defendants concerning European Patent EP3024163. The defendants filed a stay application based on a parallel UK High Court action seeking determination of FRAND license terms. The presiding judge referred the stay application to the full panel for decision, proposing that the matter be addressed during or after already scheduled oral hearings concerning related patents.
Heraeus Precious Metals GmbH & Co. KG v.Vibrantz GmbH
This procedural order concerns a nullity counterclaim filed by Vibrantz GmbH against Heraeus Precious Metals GmbH & Co. KG, the registered patent holder of European Patent No. 3 215 288, while Heraeus Electronics GmbH & Co. KG is the substantive patent owner. Heraeus Precious Metals argued the counterclaim should have been directed against the substantive owner and was therefore manifestly hopeless or inadmissible. The Local Division Munich rejected these applications, holding that under Rule 25.1 in conjunction with Rule 42 of the Rules of Procedure, a nullity counterclaim may validly be directed against the registered patent holder under Rule 8.6.
Koninklijke Philips N.V. v.Belkin GmbH, Belkin Limited, Belkin International, Inc.,
Koninklijke Philips N.V. sued several Belkin entities and their directors for infringement of European Patent EP 2 867 997 B1, which relates to wireless inductive power transfer. The dispute concerned the interpretation of claim 20 of the patent and whether the Belkin defendants' activities constituted patent infringement. The Local Chamber Munich issued its main decision on 13 September 2024, addressing issues including claim construction, the definition of an infringer, and the possibility of injunctions against company officers as intermediaries.
Digital River Ireland, Ltd., Motorola Mobility International Sales LLC, Motorola Mobility Germany GmbH, Motorola Mobility LLC v.Respondent
This is a procedural order concerning the correction of party designation in a patent infringement action before the Local Division Munich. The plaintiff had originally named a non-existent entity 'Lenovo EMEA DC' as the fifth defendant, which defendants 1-4 argued was not a party-capable entity under Dutch law. The court addressed whether the plaintiff could correct the party designation to identify the correct defendant, Flextronics International Europe B.V., by way of analogous application of Rule 305 of the Rules of Procedure.
Huawei Technologies Co. Ltd v.Netgear International Limited, Netgear Inc., NETGEAR Deutschland GmbH
This is a procedural order issued by the Local Division Munich in an infringement action concerning European Patent No. 3 611 989. The order revokes a prior directive that had appointed a translation expert, after the parties agreed that the defendants' submitted translation of the priority application could be used and that the relevant Chinese-language documents were identical with respect to the passages relevant to the dispute, particularly regarding 'Preferred Embodiment 2.'
Philips IP Ventures B.V. v.Respondent
This is a procedural order concerning a patent infringement action involving European Patent No. 2 372 863. The plaintiff, Philips IP Ventures B.V., requested postponement of the oral hearing originally scheduled for September 11, 2024, citing the rescheduling of a parallel proceeding's decision date and the strategic importance of another related case. The defendants consented to the postponement, and the presiding judge granted the request, rescheduling the hearing to October 23, 2024.
Panasonic Holdings Corporation v.Respondent
This procedural order concerns a patent infringement action brought by Panasonic Holdings Corporation against Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH regarding European Patent No. 3 024 163. The plaintiff sought to extend the lawsuit to include OTECH Germany GmbH as an additional defendant, arguing that OTECH had taken over the smartphone sales activities previously handled by OROPE and had already been found liable for patent infringement by the Mannheim Regional Court in June 2023. The defendants opposed the extension as inadmissible and untimely, contending the plaintiff could and should have sued OTECH directly or filed the extension request much earlier.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE
This case concerns a patent infringement action brought by Avago Technologies International Sales Pte. Limited against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE before the Local Chamber Munich. The dispute involves European Patent No. 1 838 002 B1, titled 'Programmable Hybrid Transmitter,' which is in force only in Germany. The plaintiff alleges that the defendants infringe claims 1, 5, 6, 7, 11, and 12 of the patent, which relate to a transmitter architecture with a baseband processing module, an up-conversion module, and a power amplifier circuit operating in first and second modes. The decision was rendered on August 30, 2024, following an oral hearing held on June 25, 2024.
UPC Decision UPC-001299 v.Respondent
This is a procedural order issued by the Local Chamber Munich in an infringement action brought by Huawei Technologies Co. Ltd against three Netgear entities concerning European Patent No. 3 611 989 B1. The patent relates to technology implemented in devices using the Wi-Fi 6 standard, which the defendants manufacture and distribute. The order was issued by the presiding judge acting as rapporteur under Rule 105.5 of the Rules of Procedure, with the proceedings conducted in German.
Scandit AG v.Hand Held Products, Inc.
The Local Chamber Munich issued an order on August 27, 2024, concerning a request for a preliminary injunction in a patent infringement matter. The order sets out five guiding legal principles addressing direct versus indirect patent infringement liability under the 'extended workbench' doctrine, the scope of injunctive relief for indirect infringement, limitations on validity arguments in preliminary proceedings, and temporal urgency requirements. The court found that the contested program library combined with videos and documentation did not meet the standard for direct infringement liability, as alternative programming possibilities meant completion of the patented device could not be established with certainty.
Sumi Agro Europe Limited, Sumi Agro Limited v.Syngenta Limited
This case concerns an application for provisional measures brought by Syngenta Limited against Sumi Agro Limited and Sumi Agro Europe Limited in relation to European patent EP 2 152 073. The dispute centers on alleged infringement through the distribution of a patent-infringing composition outside the Contracting States and advertising of a composition under the same name within the Contracting States, creating a risk of first infringement. The Local Division Munich addressed key procedural and substantive issues including the burden of pleading and proof for product claims directed to compositions, the sufficiency of cease-and-desist declarations to eliminate risk of first infringement, the limitation of validity arguments to three in summary proceedings, and the applicable safe harbour period for temporal urgency.
TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG v.NEC Corporation
This is a procedural order from the Local Division Munich concerning a Rule 262A RoP confidentiality request in a patent infringement action involving European patent EP 3 057 321. Defendants 1), 3), 4) and 6) (TCL entities) filed an amended application for protection of confidential information regarding their FRAND Counterclaim and Statement of defence, after reaching an agreement with the Claimant on the terms of a confidentiality club. The Court granted the application, classifying specified information and annexes as confidential and restricting access to named representatives and their teams.
TCL Deutschland GmbH & Co. KG v.NEC Corporation
This is a procedural order from the Local Division Munich of the Unified Patent Court concerning a Rule 262A RoP confidentiality request in a patent infringement action involving European patent EP 2 645 714. Defendants 1), 3), 4) and 6) sought protection of confidential information in their FRAND Counterclaim and Statement of defence, and after the parties reached an understanding on the applicable confidentiality club, the court granted the amended application. The court classified specific information as confidential, restricted access to designated representatives and their teams, and imposed a penalty of up to EUR 250,000 for any culpable breach of the confidentiality obligations.
Network System Technologies LLC v.Respondent
The Claimant, Network System Technologies LLC, sued four Defendants for patent infringement regarding European patent EP 1 552 669. By letter dated 1 July 2024, the Claimant declared a partial withdrawal of the action against Defendants 1 and 2 (Texas Instruments Incorporated and Texas Instruments Deutschland GmbH) following a settlement. The Local Division Munich held that Rule 265 RoP applies to partial subjective withdrawals of action, permitted the withdrawal with the consent of Defendants 1 and 2, and ordered that each party bear its own costs as agreed.
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