Dismissed
2 dismissed decisions from Vienna (AT) Local Division.
Dismissed Decisions
2 cases | Page 1 of 1
Messerle GmbH v.Sabert Corporation Europe S.A.
In this UPC case, Messerle GmbH sued Sabert Corporation Europe S.A. for infringement and simultaneously filed a counterclaim seeking revocation of EP 3 705 415 B1, which covers specialized food packaging. The court ultimately dismissed both the infringement action and the revocation counterclaim. Beyond the substantive outcome, the decision highlighted critical procedural requirements within the UPC system, particularly concerning the timely presentation of evidence and arguments.
Messerle GmbH v.Sabert Corporation Europe S.A.
In this UPC case concerning food packaging (EP 3 705 415 B1), the court dismissed both the infringement action brought by Messerle GmbH and the counterclaim for revocation filed by Sabert Corporation Europe S.A. The decision highlighted critical procedural requirements under the UPC, stressing that parties must present their full factual case and evidence as early as possible to avoid challenges regarding timeliness. This ruling serves as a strong reminder to patent practitioners about the strict evidentiary standards required in front-loaded litigation.
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