Granted
at Paris (FR) Central Division - Seat
13 granted decisions from Paris (FR) Central Division - Seat.
Granted Decisions
13 cases | Page 1 of 1
ALD France S.A.S v.Nanoval GmbH & Co. KG
In this UPC decision, the Central Division addressed a challenge to the standing of the claimant in a revocation action. The court firmly established that for an independent interest in revocation proceedings, the claimant's own business activity is paramount, regardless of corporate group structures or control relationships. This ruling clarifies the scope of 'party identity' under EPC Art. 33(4) within the UPC framework, rejecting arguments based solely on parent-subsidiary links.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
In a significant revocation proceeding, the UPC Central Division ruled against Suinno Mobile & AI Technologies Licensing Oy, declaring European patent EP 2 671 173 revoked. The patent covered an innovative system for location-aware internet searching while walking. The Court found that the claims lacked inventive step over existing prior art, leading to the complete invalidation of the patent. This decision underscores the rigorous standards applied by the UPC in assessing novelty and inventiveness.
Kinexon Sports & Media GmbH v.BALLINNO B.V.
In this procedural order stemming from a revocation action, the UPC Central Division addressed the release of security for legal costs. Following a settlement agreement between Kinexon Sports & Media GmbH and BALLINNO B.V., the court granted the application to transfer the €25,000 security deposit from the defendant to the claimant. This decision highlights how procedural mechanisms can be adapted when parties reach an amicable resolution during litigation.
Toyota Motor Europe NV/SA v.Neo Wireless GmbH & Co. KG
In this UPC case, Toyota Motor Europe sought to withdraw a revocation action against Neo Wireless GmbH & Co. KG concerning patent EP 3 876 490. The Court granted the withdrawal request, formally terminating the proceedings under Rule 265 RoP. Furthermore, the court ruled on the reimbursement of court fees, awarding Toyota a partial refund based on when the withdrawal occurred relative to the procedural stages.
Kinexon Sports & Media GmbH v.Ballinno B.V.
In a significant revocation action, Kinexon Sports & Media GmbH successfully challenged and obtained the revocation of European patent EP 1 944 067 B1 against Ballinno B.V. The court confirmed the patent's invalidity for Germany and the Netherlands. Furthermore, the decision provided important guidance on claim interpretation, emphasizing that general terms in a patent claim cannot be restricted by specific examples or embodiments found within the patent description.
Roche Diabetes Care GmbH v.Tandem Diabetes Care, Inc.
This UPC Cost Decision addressed the reimbursement claims filed by Roche Diabetes Care GmbH against Tandem Diabetes Care entities following a revocation action. The court firmly rejected the respondents' request to stay the cost proceedings based on a pending appeal, emphasizing that such appeals cannot unduly delay the successful party's right to prompt financial settlement. Ultimately, the court determined the final costs at EUR 117,741.62 after carefully adjusting travel expenses while validating representation fees within the applicable ceiling.
Roche Diabetes Care GmbH v.Tandem Diabetes Care, Inc.
In this cost determination case, the UPC Central Division addressed a request by Roche Diabetes Care GmbH for reimbursement of legal costs against Tandem Diabetes Care. The court firmly rejected the respondents' attempt to stay the proceedings based merely on a pending appeal on the merits, reinforcing the principle that successful parties should not be unduly delayed in receiving cost awards. After reviewing and adjusting various expense claims, including travel costs, the Court ultimately granted the requested compensation of EUR 117,741.62.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In a significant revocation action, NJOY Netherlands B.V. successfully challenged and obtained the complete revocation of European patent EP 3 430 921 B1 against Juul Labs International, Inc. The UPC Central Division ruled that the patent was invalid across eight member states, including Germany and France. This decision underscores the effectiveness of the UPC in handling complex validity challenges related to vaping technology patents. It serves as a strong precedent for patentees seeking to challenge the scope or validity of granted European patents within the unified system.
NJOY Netherlands B.V. v.VMR Products LLC
In a significant revocation action, NJOY Netherlands B.V. successfully challenged VMR Products LLC's patent EP 3 456 214, which covers electronic vaporizers/e-cigarettes. The UPC Central Division found that the patent lacked inventive step and ordered its complete revocation across all relevant territories. This decision underscores the importance of strict adherence to procedural rules regarding amendments and evidence in complex validity challenges before the Unified Patent Court.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In a significant revocation action, the UPC Central Division revoked European Patent EP 3 498 115 B1 concerning vaporization device systems (aerosol cartridges). The decision not only resulted in the complete invalidation of the patent across multiple UPCA territories but also provided important procedural guidance on how courts handle applications to amend patents during revocation proceedings. This case underscores the UPC's power to enforce validity challenges while managing complex technical and legal submissions.
Bayerische Motoren Werke Aktiengesellschaft v.ITCiCo Spain S.L.
In a significant procedural ruling, the UPC Central Division granted a decision by default in favor of Bayerische Motoren Werke Aktiengesellschaft (BMW) against ITCCiCo Spain S.L., leading to the revocation of EP 2 796 333. The patent, which covers speed detection and warning systems for vehicles, was invalidated based on lack of novelty and inventive step. This case underscores the strict procedural requirements within the UPC, where failure by a defendant to respond promptly can result in an adverse judgment.
Mathys & Squire LLP v.BITZER Electronics A/S; Carrier Corporation
In a decision concerning public access to court files, the UPC granted an application by Mathys & Squire LLP. The applicant sought access to all written pleadings and evidence in a patent validity case (EP 3 414 708). The Court determined that the general interest of the public in transparency superseded any potential confidentiality concerns under Article 45 UPCA, particularly as the proceedings were concluding. This ruling underscores the UPC's commitment to open justice while balancing party interests.
Meril Italy srl v.Edwards Lifesciences Corporation
This UPC Central Division order addressed a procedural dispute during a revocation action concerning EP 3646 825. The core issue was the defendant's attempt to amend its case and patent application late in the proceedings, seeking leave from the court. The panel ultimately sided with the claimant, rejecting the defendant’s request for amendment leave. This decision underscores the UPC's commitment to procedural efficiency while applying principles of fairness when managing complex amendments.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.