Granted
54 granted decisions from Munich (DE) Local Division.
Granted Decisions
54 cases | Page 2 of 2
Edwards Lifesciences Corporation v.Meril Gmbh and Meril Life Sciences Pvt Ltd.
This UPC decision addresses procedural matters within a larger infringement action concerning EP 3 646 825. The court lifted all existing deadlines related to the cost decision and confidentiality protection applications, following arguments from the defendants regarding the impossibility of compliance under provisional protective measures. This ruling is significant as it provides necessary procedural relief, ensuring that parties can properly engage in ancillary proceedings without being unduly constrained by conflicting interim orders.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a procedural challenge concerning service of a default judgment in provisional measures proceedings involving a defendant domiciled in China. After extensive attempts at formal service via the Chinese competent authority failed due to delays and eventual refusal, the Court ruled that good service could be established through an alternative method. By publishing the decision on the UPC website and notifying the defendant by email, the Court ensured the principle of effective legal protection was upheld, allowing the default judgment to proceed.
Esko-Graphics Imaging GmbH v.XSYS Italia S.r.l.
This UPC decision addressed a procedural application filed by the defendants (XSYS group) seeking to change the language of proceedings from German to English. The claimant, Esko-Graphics Imaging GmbH, consented to this change. The Court granted the request, establishing English as the official language for the main infringement action (No. ACT_46804/2024). This ruling highlights the importance of party agreement in determining procedural parameters within the UPC.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural hurdle in cross-border litigation: establishing good service when traditional methods fail. The applicant sought provisional measures against a defendant domiciled in China. After formal attempts via the Hague Service Convention stalled due to inaction by Chinese authorities, the Court ruled that publication of the default judgment on its website, combined with email notification, satisfied the principle of effective legal protection and constituted valid service. This ruling provides significant clarity for practitioners dealing with defendants in jurisdictions where judicial cooperation is slow or non-existent. It reinforces the UPC's commitment to ensuring substantive justice over strict adherence to procedural formalities.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
In a significant decision by default, the UPC Local Division Munich granted an injunction in favor of air up group GmbH against Guangzhou Aiyun Yanwu Technology Co., Ltd. The case involved patent EP 3 655 341, which covers a specialized drinking device designed for retronasal aroma reception. Since the defendant failed to respond to the service of the application, the court found the patent valid and infringed, ordering an immediate cease-and-desist order across all UPC Member States.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
In a decision by default, the UPC Local Division Munich granted a preliminary injunction in favor of air up group GmbH against Guangzhou Aiyun Yanwu Technology Co., Ltd. The case concerned infringement of EP 3 897 305, which protects an innovative drinking device designed for retronasal aroma reception. Since the defendant failed to respond to the application, the court found the patent valid and infringed, ordering a cease and desist across all UPC Member States.
Sanofi Mature IP v.Accord Healthcare S.L.U.
In a key procedural ruling, the UPC Local Division Munich addressed a complex corporate restructuring involving Sanofi. The court formally approved the substitution of Sanofi-Aventis France with its successor entity, Sanofi Winthrop Industrie, in multiple ongoing infringement actions. This decision validates the principle that rights and obligations transfer seamlessly through mergers under UPC rules. It allows the substantive patent litigation to proceed without interruption despite significant changes in the claimant's corporate structure.
Snowpixie Co., Ltd. v.Golf Tech Golfartikel Vertriebs GmbH
In this procedural order from the Munich Local Division, the court granted a short extension of deadlines requested by the claimant's counsel due to documented health issues. The case involves both infringement and invalidity proceedings concerning EP 3 030 471. This decision highlights the UPC's willingness to grant extensions when credible medical reasons are presented, while also imposing strict conditions for proving those claims.
Snowpixie Co., Ltd. v.Golf Tech Golfartikel Vertriebs GmbH
This decision from the Munich Local Division addresses a procedural motion for an extension of deadlines in ongoing infringement and invalidity proceedings (UPC_CFI_244/2024; UPC_CFI_609/2024). The claimant, Snowpixie Co., Ltd., requested additional time due to the temporary health issues of its legal counsel. The court granted this extension until December 27, 2024, provided the counsel can further substantiate their condition on the original deadline date. This highlights the UPC's flexibility in managing procedural timelines when genuine hardship is demonstrated.
Phoenix Contact GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
This UPC decision addressed an application for access to court files filed by Harting Electric Stiftung & Co. KG (the applicant) in a case involving infringement and opposition proceedings related to EP 3 602 692. The core dispute was whether the applicant, who is also involved in national litigation concerning derivative utility models, had a right to review evidence from the main UPC infringement suit. The court ultimately granted access, establishing that parties in ongoing opposition proceedings have a legitimate interest in reviewing relevant case materials for proper defense and representation.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural issue: establishing 'good service' when serving documents internationally, specifically in China. The applicant sought confirmation that the extensive attempts to serve the preliminary measures application constituted valid notification despite the lack of formal delivery certificates. The Court granted this request, effectively deeming the steps taken as good service under Rule 275.2 RoP. This ruling provides significant procedural relief for applicants facing protracted international service challenges.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
In this UPC case concerning an application for preliminary measures, the Court addressed a critical procedural hurdle: service of documents on a defendant domiciled in China. Despite extensive efforts—including formal and informal attempts under the Hague Service Convention—the court found that traditional service methods had failed to yield a certificate of delivery. The judge ruled that these unsuccessful steps constituted 'good service' under Rule 275.2 RoP, effectively allowing the proceedings to move forward despite the lack of confirmed receipt by the defendant.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural issue concerning service of documents in cross-border litigation, specifically involving China. The applicant sought confirmation that the extensive efforts made to serve the preliminary measures application constituted 'good service' despite the failure of formal and informal methods under the Hague Service Convention. The Court granted this request, effectively validating the steps taken by the registry. This ruling provides significant procedural relief for applicants facing intractable service issues in foreign jurisdictions.
Collomix GmbH v.Lidl Digital Deutschland GmbH & Co. KG; Lidl Dienstleistung GmbH & Co. KG; Delta-Sport Handelskontor GmbH
In this procedural ruling, the UPC court addressed a motion by Collomix GmbH to submit physical evidence of an allegedly infringing water dosing device (PARKSIDE® Wasser-Dosiergerät). The respondents argued that such evidence should have been presented at the time of filing the claim. However, the court rejected this argument, citing Rule 172.2 EPGVerfO, which grants the court the power to order the submission of evidence at any point in the proceedings if the claimant asserts a fact and possesses the item. This decision reinforces the flexibility of the UPC's procedural rules regarding evidence presentation, ensuring that necessary preparatory steps are taken without prematurely limiting the scope of proof.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Ltd., Meril Gmbh
Edwards Lifesciences successfully sued Meril Life Sciences in the UPC Local Division Munich regarding infringement of its patented SAPIEN 3 transcatheter heart valve. The court found infringement and issued a comprehensive order, including the destruction of infringing devices and substantial preliminary damages. This ruling reinforces the strength of patent rights within the Unified Patent Court system, particularly for critical medical technologies like TAVI.
SES-imagotag SA v.Hanshow Technology Co. Ltd, Hanshow Germany GmbH, Hanshow France SAS, Hanshow Netherlands B.V.
This UPC decision addresses a cost reimbursement claim following the dismissal of an initial injunction application. The court ruled in favor of the respondents (Hanshow group), granting them up to €200,000 for first instance costs incurred during the infringement proceedings. The ruling reinforces procedural efficiency by allowing courts to assess the reasonableness of legal fees and expenses without demanding highly detailed time sheets, provided the overall claim remains within the statutory ceiling.
NEC Corporation v.TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG
This procedural order addressed a request for protection of confidential information filed by the Defendants in an infringement action. The UPC Court granted the confidentiality request, recognizing that sensitive details regarding negotiations and FRAND Counterclaims required protection. This decision reinforces the mechanism available under the UPCA to safeguard trade secrets during litigation. For patent practitioners, this case highlights the importance of adhering strictly to procedural rules (Rule 262A RoP) when seeking confidential treatment for information.
NEC Corporation v.TCL Deutschland GmbH & Co. KG
This procedural order addressed a request for protection of confidential information filed by several TCL entities in an infringement action against NEC Corporation. The UPC Court confirmed the confidentiality status of sensitive documents related to FRAND negotiations and counterclaims. The ruling sets out strict rules governing who can access this proprietary data, ensuring that it is only used within the scope of the litigation. This decision reinforces the procedural mechanisms available under the UPCA for protecting trade secrets during complex patent disputes.
Abbott Diabetes Care Inc. v.Dexcom Deutschland GmbH, Dexcom International Limited , Dexcom Inc.
In a procedural order concerning confidential information, the UPC Local Division Munich balanced the need for parties' effective legal representation against the protection of trade secrets. The Court granted the Defendants' request to classify certain internal documents as strictly confidential, limiting access only to named representatives and employees. This ruling reinforces the principle that while lawyers require necessary access, accountability must be maintained by clearly defining who is responsible for maintaining confidentiality.
Syngenta Limited v.Sumi Agro Limited
This UPC decision addresses a procedural request for confidentiality rather than patent infringement itself. The Court of First Instance granted the defendants' motion to classify specific exhibits (SA-1 and SA-9) as strictly confidential under Rule 262A. This ruling is significant for practitioners, reinforcing the court's commitment to protecting sensitive commercial information during litigation proceedings.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH
In this procedural ruling, the UPC Local Chamber addressed a request for protective measures concerning confidential business information submitted by Tesla entities. The court found that specific operational and financial data provided by the defendants—such as average selling prices and vehicle allocation details—were genuinely sensitive and not publicly available. This decision reinforces the importance of Rule 262A EPG VerfO, providing a crucial mechanism for parties to safeguard proprietary information during complex patent litigation.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH
In this procedural order, the UPC Local Chamber addressed a request for protective measures concerning confidential business information submitted by Tesla entities in relation to an ongoing patent dispute involving Avago Technologies. The court found that specific operational and financial data provided by Tesla—such as average selling prices and internal inventory numbers—were genuinely non-public and required protection under Rule 262A EPG VerfO. This decision is significant for practitioners, reinforcing the UPC's commitment to balancing transparency with the need to protect sensitive trade secrets during litigation.
Headwater Research LLC v.Samsung Electronics Co. Ltd.
In a procedural ruling, the UPC Court of First Instance addressed a request by Samsung Electronics to change the language of proceedings from German to English. The claimant, Headwater Research LLC, did not object to the change, and consequently, the President of the Court granted the application. This decision is significant as it establishes a clear path for aligning procedural language with the patent's grant language in UPC cases.
Huawei Technologies Co. Ltd v.NETGEAR Deutschland GmbH, Netgear Inc., and Netgear International Limited
In a procedural ruling concerning the infringement of EP3611989, Huawei sought court orders to introduce and protect a confidential license agreement with Amazon. The Local Chamber confirmed these provisional measures, granting strict secrecy protection for the document. Crucially, the court also allowed the use of this sensitive licensing information in related split proceedings, balancing commercial needs with IP confidentiality.
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