Agergaard
35 IP cases indexed. Covers patent matters.
Cases Presided Over
35 cases indexed | Page 1 of 2
Versah LLC v.Argimiro Antonio Hernandez Suarez
In this UPC case, Versah LLC initiated an infringement lawsuit against Argimiro Antonio Hernandez Suarez concerning EP 2 919 672 B1. However, before the written proceedings concluded, the claimant filed a motion to withdraw the claim. Both parties agreed to this withdrawal and subsequently reached an out-of-court settlement. The court granted the request for withdrawal and declared the case closed, while also ordering the refund of 60% of the initial court fees.
FUJIFILM Corporation v.Kodak GmbH
This UPC decision addresses a second application for penalties during ongoing enforcement proceedings concerning EP 3 511 174. The Claimant, Fujifilm, successfully argued that Kodak and its subsidiaries had failed to fully comply with previous court orders regarding destruction and recall of infringing products. The Court found the defendants' disclosures were incomplete and lacked necessary detail, justifying the continuation of penalty measures. While the request for penalty reduction was rejected, leave to appeal was granted, highlighting the evolving nature of enforcement jurisprudence under the UPC.
Topsoe A/S v.SYPOX GmbH a.o.
Topsoe A/S sought an order for inspection and evidence preservation against SYPOX GmbH and two other entities in anticipation of a main infringement lawsuit concerning EP 3 802 413 B1, which covers hydrogen production via steam methane reforming. The Düsseldorf Local Division ultimately dismissed the application for provisional measures. This decision highlights the strict procedural requirements under the UPC Agreement for obtaining evidence preservation before commencing full litigation.
Topsoe A/S v.SYPOX GmbH
This decision from the Düsseldorf Local Division of the UPC concerns a procedural matter related to an application for inspection and evidence gathering concerning EP 3 802 413 B1. The court did not rule on the merits but instead corrected factual errors in the initial filing, specifically regarding the precise addresses of the respondent's various locations. This highlights the importance of meticulous detail when submitting procedural applications to the UPC.
Topsoe A/S v.SYPOX GmbH
Topsoe A/S sought provisional measures, specifically an order for inspection and evidence gathering at the premises of SYPOX GmbH and Josef Kerner Energiewirtschafts-GmbH, ahead of a potential infringement lawsuit. The patent in question covers hydrogen production using steam methane reforming with an electrically heated catalyst bed. Although Topsoe successfully initiated the process, the Düsseldorf Local Division ultimately dismissed the application for inspection and evidence preservation. This decision highlights the high threshold required to obtain preliminary investigative measures within the UPC framework.
Motorola Mobility LLC v.ASUSTek Computer Inc; ASUS Computer GmbH; ASUSTEK (UK) LIMITED
Motorola Mobility LLC brought an infringement action against ASUSTek and its subsidiaries regarding the use of their 5G-enabled devices, alleging that these products utilized technology covered by EP 3 972 309. The Munich Local Division ultimately dismissed the infringement claim. Crucially, the court also declared claims 1 and 11 of the patent invalid for a wide range of UPC member states, providing a significant defense for the defendants.
Motorola Mobility LLC v.ASUSTek Computer Inc, ASUS Computer GmbH, ASUSTEK (UK) LIMITED
Motorola Mobility LLC brought an infringement action against ASUSTek-affiliated companies regarding their 5G products, alleging that the devices utilized technology covered by EP 3 972 309. The Munich Local Division ultimately dismissed the infringement claim. Crucially, the court also declared claims 1 and 11 of the patent invalid in numerous UPC member states, providing a dual victory for the defendants.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
This UPC decision addressed a procedural matter concerning a pending revocation counterclaim in an infringement action involving Headwater Research LLC and Samsung Electronics. The Court allowed the Defendants to withdraw their counterclaim because no final appeal had been lodged against prior decisions, which was consented to by the Claimant. Consequently, the proceedings related to the counterclaim were closed, with both parties agreeing to bear their own costs.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
In a case involving Headwater Research LLC and Samsung Electronics, the UPC Local Division in Düsseldorf allowed the withdrawal of an ongoing infringement action. Although the court had previously dismissed the infringement claim and revoked the patent (to the extent of claim 1), the parties mutually agreed to terminate the proceedings. This decision highlights the procedural flexibility within the UPC, allowing actions to be withdrawn when there is no pending appeal and mutual consent exists.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
In this procedural order from Düsseldorf Local Chamber, the court addressed the claimant's attempts to introduce late amendments to the scope of patent EP 2 624 031 B1. The claimant sought permission to modify its claims based on new arguments raised by the defendant in a counterclaim for revocation. However, the court rejected these applications, emphasizing that merely claiming 'surprise' is insufficient justification. The ruling reinforces strict procedural requirements under the UPC Rules of Procedure (R. 30.2 VerfO), requiring applicants to demonstrate a clear link between the opponent's arguments and the necessity of the late claim amendments. This decision serves as a strong warning against using procedural maneuvers to circumvent established timelines in patent litigation.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
This procedural order from the Düsseldorf Local Chamber addressed disputes over the scope and timing of submissions in a combined infringement and revocation action concerning EP 2 624 031 B1. The respondent sought to exclude large sections of the claimant's pleadings, arguing they were untimely or irrelevant to the patent validity challenge. Conversely, the claimant requested permission to introduce further arguments regarding claim waivers relevant to the infringement case. The court rejected all procedural motions, maintaining strict adherence to the UPC Rules of Procedure.
Tridonic GmbH & Co KG v.Inventronics GmbH
Tridonic GmbH & Co KG initiated infringement proceedings against Inventronics GmbH concerning European Patent EP 2 011 218 B1 before the Düsseldorf Local Division of the UPC. However, recognizing that both parties were engaged in ongoing settlement discussions, the court issued an order suspending the entire case. This decision allows the parties to resolve their dispute outside of litigation while maintaining the legal status quo.
igus GmbH v.Whale Technology (Shanghai) Co., Ltd.
igus GmbH initiated an infringement action against Whale Technology (Shanghai) Co., Ltd. concerning its patent EP 3 912 243 B1, which covers compact cable protection conduits for cleanroom applications. The court issued a default judgment confirming the alleged infringement and granting broad injunctions across UPC member states. This case highlights the enforcement mechanisms available in the UPC against non-EU entities operating within the European market.
N.V. Nutricia v.Nestlé Health Science (Deutschland) GmbH
In this UPC decision, N.V. Nutricia and Nestlé Health Science reached a settlement leading to the withdrawal of the infringement action concerning EP 2 359 858 B1. The court confirmed that an estimated assessment is sufficient for valuing actions in settled cases. Although the infringement claim was dropped, the counterclaim for revocation was disposed of, with both parties ultimately bearing their own costs.
Headwater Research LLC v.Samsung Electronics Benelux B.V., Samsung Electronics Co. Ltd., Samsung Electronics France, S.A.S., Samsung Electronics GmbH
In a significant decision, the Düsseldorf Local Division dismissed the infringement claim brought by Headwater Research LLC against Samsung Electronics while simultaneously granting the counterclaim for revocation regarding Claim 1 of EP 3 110 069 B1. The patent covered traffic control mechanisms in wireless devices, specifically related to Android's Data Saver functionality. This outcome highlights that a successful validity challenge can completely negate an infringement claim within the UPC framework.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
In this procedural order, the Local Chamber of Düsseldorf decided to consolidate two related actions: an infringement lawsuit brought by TRUMPF against IPG Laser, and a counterclaim for revocation filed by IPG. The court determined that handling both claims simultaneously is procedurally efficient and substantively advantageous, ensuring a unified legal interpretation across both validity and infringement issues. This decision sets a precedent for the strategic management of complex UPC cases involving intertwined infringement and invalidity challenges.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
In a significant enforcement ruling, the UPC Court of First Instance imposed severe penalties on Kodak entities for non-compliance with a previous final decision regarding EP 3 511 174. Fujifilm successfully argued that despite clear deadlines and notices, the Defendants failed to execute obligations related to information disclosure, destruction, recall, and removal from commerce. The court established a multi-tiered penalty structure, starting with an immediate lump sum payment of €100,000, escalating to daily fines, underscoring the UPC's robust enforcement mechanisms.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
This Mannheim Local Division decision addresses the complex jurisdictional interplay between the UPC and national courts regarding European bundle patents validated in the UK. The court confirmed that while infringement can be litigated before the UPC, revocation of the UK-validated national part cannot occur with erga omnes effect through the UPC. Crucially, it allowed the validity defense to proceed within the infringement action, but only with inter partes effect. Ultimately, the infringement claim was dismissed due to successful invalidity challenges.
Fujifilm Corporation v.Kodak GmbH
This UPC decision addresses a procedural request by Kodak defendants seeking enhanced confidentiality protections for information disclosed during enforcement proceedings following an earlier infringement judgment. The court rejected these requests, emphasizing that such confidentiality issues should have been raised and addressed within the original merits proceedings. The ruling reinforces the principle that existing judicial limitations on information use are often sufficient, preventing parties from using tactical procedural applications to secure retroactive secrecy.
Fujifilm Corporation v.Kodak GmbH
This UPC decision addressed a request for panel review concerning an intended enforcement warning related to EP 3 511 174. Fujifilm Corporation sought to impose daily penalties on the Kodak defendants for non-compliance with previous court orders (destruction, recall, removal from commerce). The Panel ultimately rejected this review request, affirming that the original decision was legally sound. This ruling reinforces the procedural boundaries of UPC panel reviews, clarifying that detailed penalty setting must occur in a subsequent application rather than being altered during a review of the main judgment.
QUANTIFICARE S.A. v.Canfield Scientific, Inc., Canfield Scientific GmbH, Canfield Scientific Europe B.V., Canfield Scientific s.r.l., ESTHETEC SAS
In UPC case UPC_CFI_559/2024, the Local Chamber of Düsseldorf issued a procedural order regarding EP 3 156 843 B1. The court utilized its discretion to streamline the litigation process by deciding early that it would handle both the infringement claim brought by QUANTIFICARE S.A. and the counterclaim for revocation filed by Canfield Scientific and others simultaneously. This decision aims to ensure a unified legal interpretation of the patent claims while maximizing procedural efficiency.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
In this costs application concerning an infringement and revocation action, the Defendants sought to compel Headwater Research LLC (the Claimant) to provide substantial security for legal costs due to its US domicile. The UPC Local Division dismissed this request, finding that the Defendants failed to meet their burden of proof. The court emphasized that a mere argument about enforcement difficulty is insufficient, especially when the claimant possesses significant, revenue-generating assets like a large patent portfolio.
Lionra Technologies Ltd. v.Cisco Systems GmbH and Cisco Systems, Inc.
In a procedural ruling concerning costs determination in UPC case UPC_CFI_58/2024, Lionra Technologies Ltd. successfully petitioned for restoration of its previous status after missing a deadline under Rule 151 VerfO. The court accepted the argument that the oversight was an organizational error within the claimant's legal team, which fell outside the party's control. This decision reinforces the principle that procedural deadlines, especially those related to costs procedures, can be restored if the failure is attributable to circumstances beyond the party's reasonable influence.
Versah LLC v.HaeNaem Co., Ltd.
Versah LLC initiated an infringement lawsuit concerning EP 3 402 420 B1. However, before the written proceedings concluded, Versah reached an out-of-court settlement with one of the defendants (Respondent 2). The Düsseldorf Local Division accepted the claimant's request for partial withdrawal against this specific defendant and terminated those proceedings. This case highlights how private settlements can directly impact the trajectory and scope of UPC litigation.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
This decision addresses an application for rectification filed by Kodak against a previous ruling concerning patent infringement and revocation. The defendants sought to clarify the value in dispute, arguing it should be set separately for the infringement action and the counterclaim for revocation. However, the UPC Local Division dismissed this request, confirming that the original panel intended the EUR 15 million figure to cover both actions collectively. This case reinforces the strict interpretation of Rule 353 RoP regarding what constitutes an 'obvious slip' or deviation from the court's actual intention.
Evac Oy v.Shanghai VacDrain Vacuum Drainage Equipment Co., Ltd.
In a significant procedural ruling, the Düsseldorf Local Chamber addressed the complex litigation involving Evac Oy and multiple defendants regarding vacuum drainage equipment patents. The court formally confirmed a settlement reached between the claimant and three of the five respondents (Respondents 4-6). Crucially, the proceedings against the remaining primary defendants (1, 2, and 3) were allowed to continue, indicating that the core infringement dispute remains active.
Tridonic GmbH & Co KG v.CUPOWER Shenzhen Xiezhen Electronics Co., Ltd. and CUPOWER Europe GmbH
This UPC decision addressed a procedural motion filed by Tridonic GmbH & Co KG seeking to correct errors in a prior judgment. The claimant successfully argued for the removal of specific phrasing ('direkt oder indirekt') from several claims due to clerical mistakes made during drafting. However, the request to formally add all participating counsel was denied, setting clear boundaries on what constitutes an 'obvious inaccuracy' under UPC procedural rules.
Fujifilm Corporation v.Kodak Graphic Communications GmbH, Kodak Holding GmbH, Kodak GmbH
Fujifilm successfully sued Kodak entities for infringing EP 3 511 174 B1, a patent covering lithographic printing plate technology. The UPC Local Division in Mannheim found infringement, leading to significant remedies including the mandatory destruction and recall of the contested products (SONORA XTRA-3). Although the defendants' counterclaim for revocation was dismissed, the case highlights the court's willingness to grant strong injunctive relief against infringing parties.
Fujifilm Corporation v.Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH
Fujifilm sued Kodak entities for infringing EP 3 476 616, a patent covering lithographic printing plate technology. However, the UPC Local Division in Mannheim delivered a decisive ruling, entirely revoking the patent within Germany. Consequently, the infringement action was dismissed. This case highlights the critical importance of patent validity challenges and the strict procedural requirements for limited defenses under the UPCA.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
In a procedural order concerning EP 3 476 616, the UPC Local Division Mannheim separated the infringement proceedings related to the UK national part. This decision was driven by the pending ECJ ruling (C-339/22) on international jurisdiction under Brussels Ia Regulation. The court aimed to balance the need for timely enforcement of patent rights against the necessity of properly addressing a fundamental question of European law, ensuring both parties have an opportunity to comment on the ECJ's decision.
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.