Partially Granted
at The Hague (NL) Local Division
21 partially granted decisions from The Hague (NL) Local Division.
Partially Granted Decisions
21 cases | Page 1 of 1
Advanced Brain Monitoring, Inc. v.Koninklijke Philips N.V. Et al
Advanced Brain Monitoring, Inc. brought an infringement action against Philips and its subsidiaries regarding a position therapy device covered by EP 2 437 696 B2. However, the Defendants successfully mounted a counterclaim for revocation. The UPC Court of First Instance ultimately ruled that the patent was invalid and revoked it entirely. This decision highlights the significant risk associated with maintaining patents in the UPC without robust validity defenses.
GlaxoSmithKline Biologicals SA v.Moderna et al
In this procedural order, the UPC CFI addressed applications regarding claim amendments and late-filed evidence in a high-stakes biotech dispute between GSK and Moderna. The court granted GSK's request to amend its claims to cover new vaccine variants like mNEXSPIKE, recognizing the evolving nature of the technology. Simultaneously, the court rejected Moderna’s attempt to exclude crucial supporting arguments and exhibits from the proceedings, affirming the claimant's right to respond fully to the defense.
Amycel LLC v.PL
In a default judgment case concerning mushroom strains, the UPC confirmed infringement of EP 1 993 350 B2 held by Amycel LLC. The court specifically addressed patentability issues, ruling that the subject matter (a specific mushroom strain) is not excluded from protection under Art. 53(b) EPC. This decision reinforces the enforceability of plant-related patents within the UPC territory and confirms significant remedies, including permanent injunctions and interim damages.
Abbott Diabetes Care Inc. v.Sinocare Inc.
Abbott Diabetes Care Inc. sought provisional measures against Sinocare and Menarini regarding the alleged infringement of its CGM sensor assembly patent (EP4344633). The UPC Local Division granted a significant injunction, ordering the defendants to cease certain activities and provide detailed information on their product's origin and distribution channels within the UPC territory. While the Court did not rule definitively on the merits of infringement, this order provides Abbott with immediate leverage by restricting market access for the accused products.
HL Display AB v.Black Sheep Retail Products B.V.
In a significant ruling concerning retail merchandising technology, the UPC found that HL Display AB's patent covering systems for securing shelf accessories was validly infringed by Black Sheep Retail Products B.V.'s products. While granting the infringement claim and ordering substantial damages, the court also issued a key procedural holding: counterclaims seeking a declaration of non-infringement are inadmissible if the claimant has not previously asserted the patent against that specific product. This decision reinforces strict adherence to assertion requirements within UPC proceedings.
Washtower IP B.V. v.INDUSTRIEBETEILIGUNGS- UND BERATUNGS GMBH
Washtower IP B.V. sought provisional measures against several defendants regarding the infringement of its washing machine cabinet patent (EP3522755B1). Although the court did not grant the full scope of preliminary relief requested by Washtower, it issued a significant interim award for legal costs totaling EUR 62,600. This decision highlights how UPC proceedings can yield financial benefits even when primary injunctive or declaratory relief is not immediately granted.
Washtower IP B.V. v.INDUSTRIEBETEILIGUNGS- UND BERATUNGS GMBH
Washtower IP B.V. sought provisional measures against several defendants regarding the patent EP3522755B1 covering ergonomic washing machine cabinets. The court issued an order on September 11, 2025, focusing primarily on costs and interim relief. Although the application for preliminary measures was partially addressed, the ruling established a significant cost award of EUR 62,600 against Defendants 2-5.
Winnow Solutions Limited v.Orbisk B.V.
This UPC decision between Winnow Solutions Limited and Orbisk B.V. concerns the infringement of EP 3198245, a patent covering systems for monitoring food waste in commercial kitchens. The Court of First Instance delivered a detailed ruling on the merits, addressing both infringement claims and procedural applications. Notably, the court imposed significant cost obligations on Winnow Solutions Limited while also providing guidance on cost allocation in cases involving partial revocation.
Moderna, Inc. v.Genevant Sciences GmbH
In this complex UPC case involving Moderna and Genevant Sciences, the Court addressed a procedural application seeking an extension of time to file responses following extensive confidentiality proceedings (R.262A). The Judge-rapporteur ruled that while extensions are generally viewed narrowly, the delay in accessing unredacted confidential information justified a limited extension for the claimants. This decision reinforces the balance between maintaining the UPC's swift procedural timeline and ensuring parties have adequate time to prepare their defense against complex claims.
Winnow Solutions Limited v.Orbisk B.V.
This UPC decision between Winnow Solutions Limited and Orbisk B.V. addresses the infringement of EP 3198245, a patent covering food waste monitoring systems. The court provided detailed rulings on cost allocation in complex litigation scenarios involving partial revocation. The judgment is significant for practitioners as it clarifies the financial consequences when a patent's validity is only challenged or upheld partially.
Arbutus Biopharma Corporation v.Moderna Biotech UK Limited (and all Moderna group entities)
This UPC Procedural Order addressed preliminary objections raised by the Moderna group against Arbutus Biopharma Corporation's infringement claims concerning two biotech patents (EP2279254 and EP4241767). Moderna challenged the Court's jurisdiction, particularly regarding long-arm jurisdiction for various international subsidiaries. The Hague Local Division largely rejected these objections, confirming its competence to hear the case. This ruling is significant as it clears a major procedural hurdle, allowing the substantive infringement claims to move forward.
Genevant Sciences GmbH v.Moderna (various entities)
This UPC decision addresses procedural challenges arising from the complex, multinational structure of a corporate group (Moderna). Claimants sought extensions for defendants due to varying service dates across multiple jurisdictions. The Court rejected the blanket extension requests but imposed a single, unified deadline for filing Statements of Defense. This ruling highlights how the UPC manages procedural complexity when dealing with global entities, prioritizing judicial efficiency while ensuring all parties have adequate time.
Genevant Sciences GmbH v.Moderna (various entities)
In a complex case involving fifteen Moderna entities across multiple jurisdictions, the UPC addressed procedural challenges related to service and scheduling deadlines. Claimants Genevant Sciences and Arbutus Biopharma sought extensions due to the global nature of their defendants. The Court rejected the specific extension requests but issued an order setting a unified deadline for all Defendants to file their Statements of Defense, demonstrating how the UPC manages multi-jurisdictional litigation efficiently.
Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
In a significant ruling for green technology patents, the UPC found that Arkyne Technologies S.L. infringed Plant-e Knowledge B.V.'s patent EP2137782 by equivalence. The court applied a detailed four-part test to determine if the respondent's biofuel cell products fell within the scope of the claims, confirming both validity and infringement. This decision underscores the importance of robust claim construction and the application of the equivalence doctrine in complex technological fields like microbial fuel cells.
Winnow Solutions Limited v.Orbisk B.V.
In a procedural ruling concerning infringement proceedings, the UPC CFI partially granted Winnow Solutions Limited's request to compel Orbisk B.V. to produce evidence regarding its food waste monitoring system (Orbi). The court recognized that while the initial requests were broad, specific technical documentation detailing how the Orbi System categorizes and corrects erroneous weights was necessary for a proper evaluation of infringement. This decision underscores the UPC's willingness to manage discovery in complex cases, balancing the claimant's need for evidence against the respondent's concerns over confidentiality.
Winnow Solutions Limited v.Orbisk B.V.
In this UPC case, Winnow Solutions Limited sought evidence from Orbisk B.V. to support its infringement claim regarding the food waste monitoring patent EP3198245. The Court of First Instance partially granted the request for production of documents (R. 190 RoP), compelling Orbisk to provide specific technical specifications on how their Orbi System functions, particularly concerning data categorization and error correction. This decision underscores the court's willingness to facilitate evidence gathering in complex infringement cases while maintaining safeguards for confidential business information.
Dexcom International Limited v.Abbott Diabetes Care Inc.
In a procedural order concerning an infringement action against Abbott Diabetes Care Inc., the UPC granted Dexcom International Limited leave to amend its counter claim. The amendment sought a declaration that the G7-System and G7-Receiver fall outside the scope of protection of EP 4070727 B1. The court found that Dexcom's timing was reasonable, as they were responding to Abbott's subsequent withdrawal of claims against those specific products, setting a precedent for procedural flexibility in UPC litigation.
Amycel LLC v.Defendant (unnamed)
Amycel LLC successfully obtained provisional measures from the UPC CFI regarding its patent on a hybrid mushroom strain (BR06). The court granted an interim injunction against the unnamed defendant to prevent infringement in key territories, provided Amycel deposited EUR 200,000.00 as security. This decision reinforces the enforceability of plant/microorganism patents within the UPC framework and provides immediate relief for biotech innovators.
Powell Gilbert LLP v.Abbott Diabetes Care Inc.
This procedural order addressed a request by Powell Gilbert LLP for public access to the written pleadings and evidence in an ongoing UPC case involving Abbott Diabetes Care Inc. The Court ruled that once a decision has been rendered, the general interest of the public in scrutinizing court proceedings outweighs the parties' concern over maintaining procedural integrity, even if an appeal is pending. This reinforces the principle that transparency prevails after a judgment, setting a clear precedent for post-decision document access requests.
Abbott Diabetes Care Inc. v.Sibio Technology Limited
Abbott Diabetes Care Inc. successfully obtained a preliminary injunction against Sibio Technology Limited and Umedwings Netherlands B.V. regarding its CGM patent (EP2713879). The UPC Local Division granted the provisional measures, finding sufficient interest in the case despite initial objections from the defendants. This ruling is highly significant for medical device IP holders, demonstrating the court's willingness to grant immediate relief based on a cease-and-desist declaration when the application has legitimate purpose.
Abbott Diabetes Care Inc. v.Sibio Technology Limited
Abbott Diabetes Care Inc. sought provisional measures against Sibio Technology Limited and Umedwings Netherlands B.V. regarding the alleged infringement of its CGM device patent (EP2713879) by the GS1 device. The UPC Local Division granted a preliminary injunction, immediately prohibiting the defendants from offering or placing the infringing product on the market in the relevant member states. This ruling is significant as it demonstrates the court's willingness to grant urgent relief based on sufficient interest, even when facing initial objections.
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