Pending
101 pending decisions from Munich (DE) Local Division.
Pending Decisions
101 cases | Page 4 of 4
Syngenta Limited v.Sumi Agro Limited
This UPC decision addresses critical procedural aspects within an application for provisional measures concerning a herbicide composition patent. The court clarified the burden of proof for product claims, stating that applicants do not need to prove why the composition has all features, only that it does or will. It also set strict limits on validity challenges in summary proceedings, requiring respondents to narrow their arguments to three key points. These rulings provide important guidance for practitioners navigating urgent infringement actions at the UPC.
NEC Corporation v.TCT Mobile Europe SAS, TCL Deutschland GmbH & Co. KG, TCT Mobile Germany GmbH, TCL Industrial Holdings Co., Ltd., TCL Overseas Marketing Ltd., TCL Communication Technology Holdings Ltd., TCL Operations Polska Sp. z.o.o
In this preliminary procedural order, the UPC Court addressed an issue of service of process in a patent infringement case brought by NEC Corporation against several TCL entities. The core dispute revolved around proving that Defendant 2 (TCL Industrial Holdings Co., Ltd.) had properly received the claim filed under EP 3 057 321. The court ultimately accepted the defendant's own statement as valid proof of service, thereby clearing a procedural hurdle and allowing the main infringement action to proceed.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
This UPC decision addresses procedural scheduling in an infringement case involving Edwards Lifesciences and Meril. The court faced significant logistical challenges due to the unavailability of key defense counsel, who were tied up with other major litigation matters. After balancing efficiency goals against the right to fair representation, the Court set the interim conference for 2024 and scheduled the main oral hearing for 2025.
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Regeneron Pharmaceuticals Inc.
Amgen Inc.'s infringement suit against Sanofi and Regeneron regarding EP3666797 (covering Praluent/Alirocumab) was stayed by the UPC Local Division Munich. This stay followed a prior Central Division decision that had revoked the patent in its entirety, which is now subject to appeal. The parties agreed to halt the infringement proceedings until the validity challenge reaches a final resolution.
Syngenta Limited v.Sumi Agro Europe Limited
This UPC decision is procedural, concerning a preliminary measures application related to EP2152073. The defendants requested a postponement of the oral hearing due to scheduling conflicts for their counsel. After considering both parties' availability and the Court's proposed dates, the court granted the request, rescheduling the hearing.
NEC Corporation v.TCL Industrial Holdings Co., Ltd.
This procedural order in UPC case UPC_CFI_498/2023 highlights the critical importance of technical precision in infringement claims. The plaintiff (NEC Corporation) was found to have submitted an incorrect standard (AVC instead of HEVC) as evidence of alleged patent infringement. Consequently, the court ordered NEC to amend its statement of claim within 10 days to provide the correct documentation and facilitate service on all parties.
Panasonic Holdings Corporation v.OROPE Germany GmbH, Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This UPC decision is a procedural order in an infringement case concerning Standard Essential Patents (SEPs) for 3G and 4G technology. The central conflict involves the determination of FRAND licensing terms, which led to extensive document production requests from both Panasonic and OPPO. The court has mandated that both parties disclose relevant license agreements to allow the tribunal to assess the fairness of the negotiations.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH; Tesla Manufacturing Brandenburg SE
In this UPC case, Avago Technologies sued Tesla entities for infringement of EP1838002. Concurrently, the defendants filed counterclaims seeking revocation of the patent. The court issued an order consolidating all claims—the main action and both counterclaims—to be heard together before the Munich Local Division. This procedural step streamlines the litigation process by addressing infringement and validity simultaneously.
Belkin Limited v.Not specified (Procedural Order)
This document is a procedural scheduling order issued by the Local Chamber Munich in the UPC. It does not contain any substantive legal findings regarding patent infringement or validity. Instead, it sets new dates for interim and oral hearings, indicating that the case remains active and pending before the court.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This procedural order in the UPC case between Heraeus Electronics and Vibrantz addresses multiple complex applications concerning claim expansion, particularly regarding patent infringement claims in Romania. The Court proposed a unified approach to manage these expansions efficiently, aiming to prevent divergent decisions across different jurisdictions (Germany, France, Italy). By agreeing to this framework, both parties can proceed with their respective claims while adhering to the UPC's principles of procedural economy.
Huawei Technologies Co. Ltd v.NETGEAR Deutschland GmbH, Netgear Inc., Netgear International Limited
This UPC decision addresses the procedural language of a patent infringement case involving Huawei and Netgear. Although the official procedure language is German, the court utilized its discretionary powers to permit the oral hearings and interim proceedings to be conducted in English. This ruling emphasizes the balance between strict procedural rules and the practical need for efficiency and cost-saving in complex international litigation.
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