Agergaard
30 IP cases indexed. Covers patent matters.
Cases Presided Over
30 cases indexed | Page 1 of 1
Versah LLC v.Argimiro Antonio Hernandez Suarez
Versah LLC filed a patent infringement action against Argimiro Antonio Hernandez Suarez concerning European Patent EP 2 919 672 B1. Before the written proceedings were concluded, the plaintiff withdrew the lawsuit and requested a partial refund of court fees. The defendant consented to both the withdrawal and the fee refund, and the court allowed the withdrawal, declared the proceedings terminated, and ordered a 60% refund of the court fees paid by the plaintiff.
FUJIFILM Corporation v.Kodak GmbH. et. al.
This enforcement proceeding before the Mannheim Local Division concerned FUJIFILM Corporation's second application for the imposition of penalties against three Kodak entities for non-compliance with the operative parts of the main decision of 2 April 2025 regarding EP 3 511 174. The Panel found that the Defendants had not fully complied with their obligations to render information, destroy, recall, and remove infringing products, and imposed cumulative penalties totaling 1,720,000 €, with further non-compliance penalties set at 25,000 € per day.
Topsoe A/S v.SYPOX GmbH a.o.
Topsoe A/S, the proprietor of European Patent EP 3 802 413 B1 relating to hydrogen production by steam methane reforming, filed an application on December 4, 2025, seeking an order for inspection and evidence preservation at the premises of Josef Kerner Energiewirtschafts-GmbH in preparation for a future main action. The patent was granted on July 5, 2023, and is in force in twelve European countries including Germany. The applicant had previously revoked its opt-out from the jurisdiction of the Unified Patent Court on November 21, 2025.
Topsoe A/S v.SYPOX GmbH a. o.
This order, issued by the Local Chamber Düsseldorf on November 26, 2025, concerns European Patent EP 3 802 413 B1. The applicant, Topsoe A/S, had filed an application for correction of an earlier order dated November 25, 2025, which contained address errors regarding the respondents SYPOX GmbH and Josef Kerner Energiewirtschafts-GmbH. The court corrected the addresses of the respondents and the production site of the first respondent in the operative part of the prior order.
Topsoe A/S v.SYPOX GmbH a. o.
Topsoe A/S, the proprietor of European Patent EP 3 802 413 B1 relating to hydrogen production by steam methane reforming, filed an application on November 21, 2025, seeking an order for inspection and evidence preservation at the premises of the two German respondents, SYPOX GmbH and Josef Kerner Energiewirtschafts-GmbH, in preparation for a forthcoming main infringement action. The Local Chamber Düsseldorf issued an order on November 25, 2025, under Article 60 of the relevant agreement and Rules 194(d), 196, 197, and 199 of the Rules of Procedure. The patent had been granted on July 5, 2023, without any opposition, and the applicant had withdrawn its previously declared opt-out from the jurisdiction of the court on the same day it filed the application.
Motorola Mobility LLC v.1) ASUSTek Computer Inc 2) ASUS Computer GmbH 3) ASUSTEK (UK) LIMITED
Motorola Mobility LLC, the registered proprietor of European Patent EP 3 972 309, brought an infringement action against ASUSTek Computer Inc., ASUS Computer GmbH, and ASUSTEK (UK) Limited before the Local Chamber Munich. The patent concerns a method and apparatus for implementing carrier-specific changes as part of a connection reconfiguration affecting the security keys used in user equipment communicating with two cell groups. The defendants filed a counterclaim. The case was heard orally on July 9, 2025, and the decision was issued on October 10, 2025, by a panel of four judges.
Headwater Research LLC v.Samung Electronics GmbH a.o.
This case concerned European Patent EP 3 110 069 B1 before the Düsseldorf Local Division. Following a 30 July 2025 decision that dismissed the infringement action and revoked the patent to the extent of claim 1, the Defendants withdrew their counterclaim for revocation and the related cost application before the appeal period expired. With the Claimant's consent, the Court allowed the withdrawal, declared the proceedings closed, and ordered each party to bear their own costs regarding the counterclaim.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
This case concerned European Patent EP 3 110 069 B1, in which Headwater Research LLC had initially brought an infringement action against multiple Samsung entities, who filed a counterclaim for revocation. By decision of 30 July 2025, the Court dismissed the infringement action and revoked the patent to the extent of claim 1. Before the appeal period expired, the Claimant withdrew the infringement action with the Defendants' consent, and the Court allowed the withdrawal, declared the proceedings closed, and ordered each party to bear their own costs.
IPG Laser GmbH & Co. KG v.Respondent
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 2 624 031 B1. The defendant requested that certain sections of the claimant's reply brief dated August 25, 2025 be disregarded under Rule 9.2 of the Rules of Procedure, arguing that the claimant was only permitted to respond to the auxiliary request for patent amendment under Rule 32.3 RoP, and not to address the patent in its granted form. The defendant alternatively sought leave to reply to those sections and an extension of the reply deadline under Rule 336 RoP.
Tridonic GmbH & Co. KG v.Inventronics GmbH
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent No. EP 2 011 218 B1. The plaintiff, Tridonic GmbH & Co KG (Austria), filed an infringement action against the defendant, Inventronics GmbH (Germany). On the joint request of both parties, the court ordered the suspension of proceedings under Rules 295(d) and 296.2 of the Rules of Procedure due to ongoing settlement discussions.
igus GmbH v.Respondent
This is a default judgment (Versäumnisentscheidung) issued by the Local Chamber Düsseldorf in an infringement action concerning European Patent EP 3 912 243 B1. The plaintiff, igus GmbH, a German company based in Cologne, holds the patent directed to a compact cable guide for cleanroom applications with a sheath unit and clamping device. The defendant, Whale Technology (Shanghai) Co., Ltd., a Chinese company, failed to appear in the proceedings, leading to the default ruling. The patent was filed on January 14, 2020, granted on March 20, 2024, and granted unitary effect on April 17, 2024.
Headwater Research LLC v.Samsung Electronics Benelux B.V., Samsung Electronics Co. Ltd., Samsung Electronics France, S.A.S., Samsung Electronics GmbH
Headwater Research LLC brought an infringement action against four Samsung entities concerning European Patent EP 3 110 069 B1, which relates to wireless end-user devices controlling application network access based on background/foreground states. Samsung counterclaimed for revocation. The Düsseldorf Local Division revoked the patent to the extent of claim 1 due to added matter extending beyond the content of the earlier application as filed, dismissed the infringement action, and ordered Headwater to bear the costs.
N.V. Nutricia v.Respondent
This case before the Local Division Düsseldorf concerned European Patent EP 2 359 858 B1, which was finally revoked during the proceedings. The Claimant (N.V. Nutricia) sought closure of both the infringement action and the counterclaim for revocation, while the parties disputed the value of the dispute. The Court set the value of the infringement action at €250,000 and the counterclaim for revocation at €500,000, ordered the Claimant to bear the costs of both proceedings, and granted a 60% reimbursement of court fees to the Claimant.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 2 624 031 B1. The court decided, under Article 33(3)(a) EPGÜ in conjunction with Rule 37.2 of the Rules of Procedure, to hear both the infringement action brought by TRUMPF Laser- und Systemtechnik SE and the counterclaim for revocation filed by IPG Laser GmbH & Co. KG jointly. The decision was made before the close of the written proceedings for reasons of procedural economy and to allow early assignment of a technically qualified judge to the panel.
Fujifilm Corporation v.Respondent
This enforcement proceeding arose from a decision of 2 April 2025 in UPC_CFI_365/2023 concerning European patent EP 3 511 174, in which FUJIFILM sought to enforce operative parts requiring the Kodak defendants to provide information, destroy infringing embodiments, recall products, and remove them from channels of commerce. The Mannheim Local Division found that the defendants had failed to comply with these obligations despite proper notification and service, rejecting the defendants' arguments regarding lack of warning and insufficient translations. The court imposed a three-pronged penalty regime including a lump-sum payment of €100,000, daily penalties of €2,500 until 4 August 2025, and escalated penalties of €10,000 per day thereafter.
UPC Decision UPC-000538 v.Respondent
FUJIFILM Corporation sued three Kodak entities for alleged infringement of European patent EP 3 476 616, which relates to lithographic printing plate precursors, in Germany and the United Kingdom. The Mannheim Local Division separated the proceedings regarding the UK part of the patent following the ECJ's decision in BSH Hausgeräte (C-339/22). The court assessed the validity of the UK part as a mere prerequisite for infringement with inter partes effect, found the patent invalid, and dismissed the infringement action with costs borne by FUJIFILM.
Kodak Graphic Communications GmbH , Kodak Holding GmbH, Kodak GmbH v.Respondent
This order from the Mannheim Local Division concerns enforcement proceedings following a main decision of 2 April 2025 finding infringement of EP 3 511 174. The defendants (Kodak entities) sought confidentiality protection under Rule 262A RoP for information they were required to disclose during enforcement. The court rejected the request, holding that the defendants should have raised confidentiality in the main proceedings, that the main decision already restricted use of the information to the stated purposes, and that no specific risk of misuse was demonstrated.
Fujifilm Corporation v.Respondent
FUJIFILM Corporation sought panel review of a court order rejecting its request for an enforcement warning against three Kodak entities in proceedings concerning European patent EP 3 511 174. The Mannheim Local Division rejected the review request, holding that the judge-rapporteur had correctly applied the legal standards and that the claimant should have raised its concerns via an appeal against the main decision rather than through a panel review. The claimant was ordered to bear the costs of the proceedings.
QUANTIFICARE S.A. v.Canfield Scientific, Inc., ESTHETEC SAS, Canfield Scientific GmbH, Canfield Scientific Europe B.V., Canfield Scientific s.r.l.
Quantificare S.A. brought an infringement action before the Local Chamber Düsseldorf concerning European Patent EP 3 156 843 B1 against five defendants, who in turn filed a revocation counterclaim. The Chamber addressed the procedural question of how to proceed under Article 33(3) of the Agreement on a Unified Patent Court, which governs combined infringement and revocation proceedings. After hearing the parties, the Chamber ordered a joint hearing of both the infringement action and the revocation counterclaim under Article 33(3)(a), and instructed the Rapporteur to request the assignment of a technically qualified judge.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
The Düsseldorf Local Division dismissed the Defendants' application under Rule 158 RoP for security for costs in patent infringement proceedings concerning EP 3 110 069 B1. The Court held that the Defendants failed to provide sufficient evidence regarding the applicable foreign law and its application to demonstrate that enforcement of a potential cost order against the US-based Claimant would be unduly burdensome, and also failed to establish any tangible risk of insolvency.
Versah LLC v.Respondent
This case concerned a patent infringement action filed by Versah LLC regarding European Patent EP 3 402 420 B1 against three defendants. Before the written proceedings were concluded, the plaintiff withdrew its claims against the second defendant, Adin Dental Implant Systems GmbH, following an out-of-court settlement. Both parties agreed that each would bear their own costs, and the court formally approved the partial withdrawal and terminated the proceedings against that defendant.
Lionra Technologies Ltd. v.Respondent
This case concerns an application by the plaintiff, Lionra Technologies Ltd., for retroactive extension of time limits under Rule 9.3(a) RoP, alternatively for reinstatement under Rule 320 RoP, after missing the deadline under Rule 151 RoP for filing a cost submission application. The plaintiff argued that an experienced legal assistant from the litigation secretariat of its representative's law firm overlooked and failed to note the deadline, despite it being listed in a deadline overview specifically maintained for UPC proceedings. The Local Chamber Hamburg addressed the legal question of whether a missed deadline can only be remedied by an application for reinstatement under Rule 320 RoP, which takes precedence over Rule 9.3 RoP, and clarified the autonomous interpretation of the standard of care required under Rule 320.1 RoP.
Kodak Holding GmbH, Kodak Graphic Communications GmbH, Kodak GmbH v.Respondent
This order concerns an application by the Defendants (Kodak entities) for rectification under Rule 353 RoP of a decision dated 2 April 2025 in patent infringement and revocation proceedings concerning EP 3 476 616. The Defendants sought to rectify the value in dispute from EUR 15,000,000 to EUR 15,000,000 each for the infringement action and counterclaim for revocation (totaling EUR 30,000,000), and alternatively to raise the ceiling for recoverable costs. The Mannheim Local Division dismissed the application, finding no deviation between the panel's intention and the wording of the decision.
Evac Oy v.Respondent
This case concerns an infringement action brought by Evac Oy regarding European Patents EP 1 840 282 B1 and EP 1 813 734 B1 against six defendants, including a Chinese company, German companies, and individual persons. The court confirmed a settlement reached between the plaintiff and defendants 4 to 6 (S.K. Marine Supplies GmbH, Katharina Kiran Singh Kang, and Shaminder Singh Kang) pursuant to Rule 365(1) sentence 2 of the Rules of Procedure. The proceedings against defendants 1 to 3 (Shanghai VacDrain Vacuum Drainage Equipment Co., Ltd., VD Solutions GmbH, and Yong Cao) were ordered to continue, and no cost decision was required as the parties had agreed on costs.
Tridonic GmbH & Co KG v.Respondent
This procedural order concerns an application under Rule 353 of the Rules of Procedure for correction of a decision dated March 7, 2025, in a patent infringement dispute involving European Patent EP 2 011 218 B1. The plaintiff, Tridonic GmbH & Co. KG, sought two corrections: deletion of the phrase 'directly or indirectly' in claim 7 of auxiliary requests 3, 5, 6, and 7, and addition of attorney Alexander Bach in the case heading. The court partially granted the application, correcting the clerical error regarding the struck-through phrase but rejecting the request to add another attorney as it did not constitute an obvious inaccuracy.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH , Kodak Holding GmbH
Procedural order from the Mannheim Local Division of the Unified Patent Court concerning EP 3 511 174. The court ordered the separation of proceedings regarding the UK national part of the patent-in-suit because the ECJ decision in C-339/22 (BSH Hausgeräte), which addressed a fundamental question of European law on international jurisdiction under the Brussels Ia Regulation, was only delivered after the oral hearing. The court found it inappropriate to delay the entire decision or hold a second oral hearing, and instead separated the UK-related claims to be dealt with in separate proceedings.
Fujifilm Corporation v.Kodak Graphic Communications GmbH , Kodak Holding GmbH, Kodak GmbH
Fujifilm Corporation sued three German Kodak entities for alleged infringement of European Patent EP 3 511 174 B1, which relates to lithographic printing plate precursors. The defendants counterclaimed for revocation, challenging novelty, inventive step, and alleging added matter. The Mannheim Local Division found infringement by the defendants' SONORA XTRA-3 product, dismissed the counterclaim for revocation, and granted injunctive relief, information orders, destruction and recall orders, and an interim costs award of EUR 300,000.
Fujifilm Corporation v.Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH
Fujifilm Corporation sued three Kodak entities for alleged infringement of European patent EP 3 476 616 B1, which relates to lithographic printing plate precursors, by selling SONORA X, SONORA XTRA-2, and SONORA XTRA-3 products in Germany and the UK. The defendants counterclaimed for revocation, challenging the patent's validity on grounds of lack of novelty, inventive step, and added matter. The Local Division Mannheim revoked the patent entirely in Germany, dismissed Fujifilm's application to amend the patent, dismissed the infringement action, and ordered Fujifilm to pay EUR 300,000 in interim costs.
Lionra Technologies Ltd. v.Cisco Systems, Inc., Cisco Systems GmbH
Lionra Technologies Ltd., an Irish patent licensing company, sued Cisco Systems GmbH and its US parent Cisco Systems, Inc. for infringement of European Patent EP 2 201 740 B1, which protects fast packet switching in wireless networks. The defendants filed a counterclaim for revocation, which the plaintiff defended in auxiliary form with limitations. The case concerns Cisco's Catalyst 9000 series network switches and addresses the interpretation of patent claims regarding latency reduction in processing data packets and headers in wireless network transmissions.
Abbott Diabetes Care Inc. v.Respondent
Abbott Diabetes Care Inc. filed a patent infringement action against Dexcom entities concerning European patent EP 4 087 195 before the Local Division Munich. Following the filing of counterclaims for revocation by the defendants and an application to amend the patent by the claimant, all parties mutually withdrew their respective claims before the scheduled oral hearing. The Court permitted the withdrawals, declared the proceedings closed, and ordered each party to bear its own extrajudicial costs with no reimbursement between the parties.
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