Paris (FR) Central Division - Seat
97 cases · page 2 of 4
Showing 31–59Lindal Dispenser GmbH v.Rocep-Lusol Holdings Limited
Lindal Dispenser GmbH filed a revocation action against Rocep-Lusol Holdings Limited seeking full revocation of European Patent No. EP 3 655 346 B1, which relates to a pressure pack dispenser for dispensing viscous materials using a composite piston. The claimant argued that the patent lacked industrial application because the claimed invention would not comply with generally accepted laws of physics. The defendant, as patent proprietor, sought to defend the patent and proposed auxiliary requests to amend it. The Court addressed issues of industrial application under Article 57 EPC, the role of drawings in claim interpretation, and the proper order for addressing multiple auxiliary requests.
AYLO PREMIUM LTD v.DISH Technologies L.L.C.
This is a revocation action concerning European Patent EP 3 822 805 B1, brought by Aylo Premium Ltd. against DISH Technologies L.L.C. before the Central Division (Paris Seat) of the Unified Patent Court. The Claimant sought full revocation of the patent, while the Defendant filed a Statement of Defence and an Application to amend the Patent, including auxiliary requests. The headnote establishes that the Court can, if requested, limit the scope of revocation of a European patent to national parts validated in individual UPC Member States, with the key legal issues being added matter and claim interpretation.
Kinexon Sports & Media GmbH v.Ballinno B.V. (defendant)
This order rectifies a clerical error in a prior revocation decision concerning European patent EP 1 944 067 B1. The earlier decision had incorrectly referenced the patent as EP 1 994 067 B1 throughout its text. The Court corrected the patent number on its own motion, giving the parties an opportunity to be heard pursuant to Rule 353 of the Rules of Procedure.
Kinexon Sports & Media GmbH v.Ballinno B.V.
The judgment text is not available as the order has been temporarily removed and is to be replaced. No factual details, arguments, reasoning, or outcome can be extracted from the provided text.
ITCiCo Spain S.L. v.Bayerische Motoren Werke Aktiengesellschaft
This order concerns an application by Bayerische Motoren Werke Aktiengesellschaft (BMW) for a cost decision seeking €15,731.00 in costs incurred in defending against ITCiCo Spain S.L.'s unsuccessful application to set aside a default decision in a patent revocation action concerning European patent EP 2 796 333. The Court confirmed its prior reasoning that an application to set aside a default decision is an internal procedural remedy not suitable for a decision on the merits, and therefore does not require a separate decision on costs. The Court held that such costs can be claimed and assessed within the cost decision proceedings related to the main revocation proceedings that concluded with the default decision.
Roche Diabetes Care GmbH v.Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc.
Roche Diabetes Care GmbH filed an application for a cost decision against Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V. following a revocation action concerning European patent EP 2 196 231 B1, seeking reimbursement of EUR 112,300.00. The respondents objected to the amount, certain travel expenses, and requested a stay of proceedings pending an appeal against the decision on the merits. The Court rejected the request for a stay, holding that the mere existence of a pending appeal does not justify suspending cost proceedings, as this would allow the unsuccessful party to indefinitely delay cost decisions.
Microsoft Corporation v.Respondent
This order concerns generic procedural applications filed by Microsoft Corporation, the defendant in an underlying infringement action brought by Suinno Mobile & AI Technologies Licensing Oy, seeking a decision by default against the claimant. Microsoft argued that Suinno failed to provide security for costs within the court-ordered time limit and that the facts justified dismissing the infringement action, dismissing the application to amend the patent, and revoking European patent EP 2 671 173 in its entirety. Suinno did not oppose a default decision against itself, instead seeking confirmation of the patent's validity, a finding of infringement, and payment of €2,000,000 under 'invoice 1331'. The Court addressed the legal framework for default decisions under Rule 355 of the Rules of Procedure.
Bayerische Motoren Werke Aktiengesellschaft v.Respondent
This order concerns an application by Bayerische Motoren Werke Aktiengesellschaft (BMW) seeking rectification of an earlier order dated 9 January 2025, which had dismissed ITCiCo Spain S.L.'s application to set aside a decision by default revoking European patent EP 2 796 333. BMW requested that the earlier order be supplemented to include a provision ordering ITCiCo to bear the costs of the set-aside proceedings. The respondent did not file any written comments despite being invited to do so. The panel addressed the scope of Rule 356 RoP regarding rectification and the nature of cost decisions in the context of internal procedural remedies.
Microsoft Corporation v.Respondent
Microsoft Corporation filed a procedural application seeking rejection of Suinno Mobile & AI Technologies Licensing Oy's infringement action as manifestly inadmissible, arguing that Suinno's appointed representative was ineligible because he held extensive administrative and financial powers within the company. The Court considered a prior Court of Appeal order confirming that natural persons with extensive administrative and financial powers within a legal person cannot serve as its representative before the UPC. The Court held that the lack of valid representation does not lead to inadmissibility of the action, but rather requires granting the affected party an opportunity to remedy the representation deficit.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This order was issued by the Court of First Instance in infringement proceedings concerning European patent EP 2 671 173, following a Court of Appeal determination that the claimant's appointed representative could not validly serve as a representative of the legal person due to holding extensive administrative and financial powers. The judge-rapporteur invited written submissions from the parties on the consequences of this inability to serve. The claimant requested that the representative be allowed to continue or, alternatively, be given time to correct the representation configuration, while the defendant sought rejection of the action as manifestly inadmissible and a default decision revoking the patent in the counterclaim proceedings.
NJOY Netherlands B.V. v.Juul Labs International Inc.
NJOY Netherlands B.V. brought a revocation action against Juul Labs International, Inc. seeking revocation of European Patent No. EP 3 504 989. Juul Labs filed a preliminary objection challenging the Court's competence based on alleged misidentification, which was rejected and confirmed on appeal. Juul Labs also filed an application to amend the patent and pursued 8 auxiliary requests. The oral hearing was held on 21 November 2024, and the Court delivered its decision on 28 February 2025.
AYLO PREMIUM LTD v.Respondent
AYLO Premium Ltd filed a revocation action against European Patent EP 3 822 805 B1 before the Central Division (Paris Seat) of the Unified Patent Court, with DISH Technologies L.L.C. as defendant. AYLO subsequently requested security for legal costs under Rule 158 RoP, seeking at least EUR 400,000 from DISH Technologies, citing alleged insolvency risks supported by SEC filings of DISH's parent companies. The Court invited further observations from both parties and held an interim conference before referring the matter to a full panel, which issued its order on 18 February 2025.
NJOY Netherlands B.V v.VMR Products LLC
Revocation action concerning European patent EP 3 613 453 B1 relating to electronic vapour products, filed by NJOY Netherlands B.V. against VMR Products LLC. The Court of First Instance of the Unified Patent Court (Central Division, Paris Seat) found that claim 1 and dependent claims 2-5 lacked inventive step over prior art, but dependent claims 6, 7, and 8 involved an inventive step and possessed independent validity. The patent was maintained in part based on claims 6, 7, and 8 in combination with claim 1 as granted, with the remainder revoked.
NJOY Netherlands B.V. v.VMR Products LLC
This is a revocation action filed by NJOY Netherlands B.V. against VMR Products LLC before the Central Division (Paris seat) of the Court of First Instance, concerning European patent EP 3 626 092, which relates to vaporizer devices (electronic cigarettes). The claimant seeks revocation of the patent with effect across multiple European territories, arguing lack of inventive step. The patent was filed on 14 March 2014 with priority dates of 12 November 2013 and 10 February 2014, and was also subject to pending opposition proceedings before the European Patent Office.
NJOY Netherlands B.V. v.Juul Labs, Inc.
1 DECISION of the Court of First Instance of the Unified Patent Court Central division Paris Seat (Section 1) delivered on 17 January 2025 concerning EP 3 430 921 B1 KEYWORDS: Revocation, claim interpretation, clarity, added matter, admission of auxiliary claims CLAIMAN
Daedalus Prime LLC v.Respondent
This procedural order concerns a bifurcation request in patent infringement proceedings before the Hamburg Local Division. The Claimant, Daedalus Prime LLC, proprietor of European Patent EP2792100, sought to have the Defendants' counterclaim for revocation referred to the Central Division Paris while the infringement action continued in Hamburg. The Defendants, comprising various Xiaomi entities and MediaTek Inc., had initially requested a stay of the infringement proceedings pending resolution of the revocation matter. The Claimant argued that separating the proceedings would ensure procedural economy and timely resolution of urgent commercial matters.
Bentley Motors Limited v.Respondent
Bentley Motors Limited, as claimant in a revocation action concerning European patent EP 1 552 399 against Network Systems Technologies LLC, applied to withdraw the action. The respondent was given an opportunity to comment and did not object within the time limit set by the Court. The Court permitted the withdrawal under Rule 265 of the Rules of Procedure, declared the proceedings closed, and ordered the decision entered on the register, with no cost decision issued as neither party sought one.
ITCiCo Spain S.L. v.Respondent
This case concerns an application by ITCiCo Spain S.L. to set aside a default decision delivered on 16 September 2024 in a revocation action concerning European patent EP 2 796 333. The applicant argued that its default in failing to file a defence to revocation was due to its long-standing European Patent Attorney being unavailable because of illness. The respondent, BMW, objected that the applicant had not sufficiently explained its default or taken reasonable efforts to meet the deadline. The Court interpreted Rule 356(2) RoP to require the applicant to demonstrate that the default was caused by unforeseeable circumstances or force majeure beyond their control.
Meril Italy srl, Meril Life Science Private Limited, Meril GmbH v.Respondent
This order concerns a cost application filed by the Meril entities against SWAT Medical AB, seeking reimbursement of EUR 15,000 in costs incurred during proceedings related to SWAT Medical's application for access to written pleadings and evidence (App_33484/2024), which had been rejected. The respondents argued the cost application was inadmissible because it was incorrectly filed under Rule 9 RoP rather than Rule 158 RoP. The applicants filed a further application (App_64037/2024) to rebut the inadmissibility argument. The presiding judge and judge-rapporteur addressed the admissibility of the applicants' written comments and the procedural framework governing cost decisions following rejected access-to-register requests.
Microsoft Corporation v.Respondent
Microsoft Corporation filed an application requesting that the respondent Suinno Mobile & AI Technologies Licensing Oy be ordered to provide additional security for legal costs in the proceedings concerning European patent EP 2 671 173. The respondent had already been ordered to provide security of EUR 300,000.00, and Microsoft sought an increase to at least EUR 500,000.00, or alternatively EUR 300,000.00. The respondent requested dismissal or, alternatively, significantly lower security amounts. The Court observed that the request, although framed as one for additional security, actually amounted to a request to modify the existing security by increasing its amount.
Suinno Mobile & AI Technologies Licensing Oy v.Respondent
The applicant, Suinno Mobile & AI Technologies Licensing Oy, sought review under Rule 333 RoP of an order granting security for costs of EUR 300,000.00 in its infringement action against Microsoft Corporation concerning European patent EP 2 671 173. The applicant requested reduction of the security to EUR 100,000.00, citing its subsequent application to reduce the damages claimed. The respondent argued the request was inadmissible and unfounded. The Court addressed the admissibility of the application, clarifying that incorrect citation of legal provisions does not prevent consideration of the motion, and that parties may apply to revoke or vary a security order when factual circumstances change.
Advanced Bionics AG , Advanced Bionics Sarl v.MED-EL Elektromedizinische Geräte Gmb
This case concerns a revocation action and counterclaim for revocation regarding European Patent EP 4074373 titled 'MRI-SAFE DISK MAGNET FOR IMPLANTS,' which relates to magnetic arrangements in implantable medical devices such as cochlear implants that are compatible with magnetic resonance imaging. Advanced Bionics AG filed the revocation action against MED-EL Elektromedizinische Geräte GmbH, the registered proprietor, while MED-EL filed a counterclaim for revocation. The dispute centers on issues of insufficiency of disclosure, added matter, and lack of inventive step, with the panel noting that the inventor cannot be examined as a witness due to potential direct interest in the outcome.
Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc. v.Roche Diabetes Care GmbH
This is a revocation action filed by Tandem Diabetes Care entities against Roche Diabetes Care GmbH concerning European patent EP 2 196 231 B1, which relates to a system for ambulatory drug infusion. The claimants sought full revocation of the patent on grounds of added matter, lack of novelty over WO 2007/077255 A2 (Glejboel), and lack of inventive step starting from US 2002/0120236 (Diaz) or Glejboel combined with Diaz and/or US 6,516,950 (Robertson). The defendant raised a preliminary objection under Rules 19(1)(b) and 48 of the Rules of Procedure. The Court held that breach of a standstill clause does not divest the breaching party of the right to bring an action where the temporal restriction is not justified by public interest, though it may give rise to contractual liability.
Microsoft Corporation v.Respondent
This order concerns Microsoft Corporation's request for leave to appeal a prior order (ORD_62739/2024) that granted the respondent Suinno Mobile & AI Technologies Licensing Oy leave to reduce its damages claim to €2 million in an infringement action concerning European patent EP 2 671 173. Microsoft argued that leave to appeal would clarify the scope and limits of the Court's powers in interpreting a party's request under Article 76(1) UPCA and the admissible scope of an application under Rule 263 RoP. The Court addressed the legal framework for granting leave to appeal, noting it is an exception to the general principle that interlocutory orders may only be reviewed together with the appeal against the final decision.
NJOY Netherlands BV v.VMR Products LLC
NJOY Netherlands B.V. filed a revocation action against VMR Products LLC concerning European patent EP 2 875 740 B1, which relates to electronic vapour products. NJOY challenged the patent's validity on the ground of lack of inventive step, relying on prior art documents including 'Cross', 'Pan', and 'DiFonzo', as well as common general knowledge. The Court of First Instance of the Unified Patent Court (Central Division, Paris Seat) dismissed the revocation action, finding that the invention was not obvious in view of the cited prior art combinations, and maintained the patent as granted, ordering NJOY to bear the costs.
NJOY Netherlands B.V. v.VMR Products LLC
NJOY Netherlands B.V. filed a revocation action against VMR Products LLC seeking revocation of European patent EP 3 456 214, which relates to vaporizers (electronic cigarettes). The patent had previously been opposed before the European Patent Office, where the Opposition Division confirmed its maintenance with amendments, leading to republication on 22 November 2023. The decision addresses procedural issues concerning the front-loaded procedural system, the requirements for specifying grounds of invalidity and prior art in revocation actions, and the limited circumstances under which new facts and evidence may be introduced in subsequent written pleadings.
Suinno Mobile & AI Technologies Licensing Oy v.Respondent
The applicant, Suinno Mobile & AI Technologies Licensing Oy, sought leave under Rule 263 of the Rules of Procedure to reduce the amount of damages sought in its infringement action against Microsoft Corporation concerning European patent EP 2 671 173 from the originally claimed sum to 2 million euros. Microsoft opposed the amendment, arguing it was a litigation tactic aimed at reducing the security for costs and did not fall within the scope of Rule 263. The Court held that the reduction of damages sought constitutes a limitation of the claim under Rule 263(3), and since it was filed with due explanation and unconditionally, leave to amend must be granted.
NJOY Netherlands B.V. v.Juul Labs, Inc.
NJOY Netherlands B.V. filed a revocation action against European Patent EP 3 498 115 B1, owned by Juul Labs International, Inc., before the Central Division (Paris Seat) of the Unified Patent Court. The Defendant filed a preliminary objection challenging the Court's competence based on the alleged misidentification of the Defendant, which was rejected and confirmed on appeal. The case proceeded with a Statement of Defense to Revocation filed in December 2023, and an oral hearing was held on 10 September 2024. The decision addresses key procedural and substantive issues including the Court's power to limit a patent under Article 65(3) UPCA, the dispositive principle governing party requests, and claim interpretation as a question of law.
NJOY Netherlands B.V. v.Juul Labs, Inc.
This is a revocation action before the Central Division (Paris Seat) of the Unified Patent Court concerning European patent EP 3 504 991 B1, brought by NJOY Netherlands B.V. against Juul Labs International, Inc. The decision addresses the legal framework for evaluating inventive step under Article 56 EPC, emphasizing the objective approach, the role of the person skilled in the art, and the relevance of the state of the art. The Court also addressed procedural principles under the front-loaded system of UPC proceedings, including the obligation of parties to set out their full case early and the possibility of substantiating arguments in reply submissions.
QUALCOMM INCORPORATED v.Respondent
Qualcomm Incorporated filed an application to annul a decision of the European Patent Office regarding patent EP3516914. After the EPO rectified the contested decision, the Court closed the case pursuant to R. 91.2 RoP without ordering reimbursement of the court fee. Qualcomm subsequently sought full or partial reimbursement of the fee, arguing it prevailed in the proceeding and that the case was handled by a single judge before closure of the written procedure. The Court addressed the legal framework governing fee reimbursement under R. 91.2, R. 370.9, and R. 370.11 RoP.
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