Andrea Scilletta
8 IP cases indexed. Covers patent matters.
Cases Presided Over
8 cases indexed | Page 1 of 1
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In a procedural decision, the UPC Court of Appeal allowed Juul Labs International, Inc. to withdraw its appeal against the revocation of EP 3 498 115. This was possible because the opposing party, NJOY Netherlands B.V., consented to the withdrawal. While the proceedings were closed, the court upheld the general principle that the withdrawing appellant is considered unsuccessful and must cover the costs incurred by the successful party (NJOY) for the appeal stage.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
This UPC Court of Appeal decision addressed an application to withdraw an appeal in a patent revocation case involving vaping technology. The court permitted Juul Labs to withdraw its appeal after NJOY consented, closing the appellate proceedings. Despite allowing the withdrawal, the court applied standard cost rules, ruling that Juul Labs, as the appellant who withdrew, was ultimately unsuccessful and must cover NJOY's legal costs for the appeal.
NJOY Netherlands B.V. v.VMR Products LLC
In this UPC Court of Appeal decision, the court permitted the withdrawal of an appeal filed by VMR Products LLC against a partial revocation ruling. The key factor enabling the withdrawal was the consent of NJOY Netherlands B.V., which negated any claim that NJOY had a legitimate interest in the ongoing litigation. While the appeal was withdrawn, the Court upheld the general principle that the unsuccessful party (the appellant) must bear the costs of the appeal proceedings.
NJOY Netherlands B.V. v.VMR Products LLC
This UPC Court of Appeal decision addressed an appeal against a revocation action concerning EP 3 456 214, a patent covering vaporizer technology. The court confirmed the initial finding that several claims lacked inventive step due to anticipation by prior art (Pan). Furthermore, the judgment provided important procedural guidance on how parties must manage new evidence and arguments when responding to applications to amend under the UPC's strict front-loaded system. This case is significant for practitioners navigating complex revocation proceedings in the unified patent court.
NJOY Netherlands B.V. v.Juul Labs International Inc.
This UPC Court of Appeal decision concerns a procedural matter where NJOY Netherlands B.V. sought to withdraw an appeal against Juul Labs International Inc. The underlying action was a revocation suit brought before the CFI, which had previously dismissed it. Given that both parties consented to the withdrawal, the CoA permitted the closure of the proceedings. This case highlights the importance of party consent in procedural matters under the UPC Rules of Procedure.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In this UPC Court of Appeal decision, the court granted a stay of revocation proceedings following an appeal by Juul Labs against a prior finding. The request was based on parallel opposition proceedings before the EPO Boards of Appeal which had been accelerated. Given that the EPO proceedings were expected to conclude rapidly relative to the scheduled UPC hearing, the court ruled in favor of granting the stay, allowing both parties to await the final outcome at the EPO.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In this appeal action for revocation, the UPC Court of Appeal granted a stay of proceedings upon request by Juul Labs International, Inc., pending the outcome of parallel opposition proceedings at the EPO Boards of Appeal. The court determined that since the EPO proceedings were accelerated and expected to conclude rapidly relative to the UPC's hearing schedule, staying the appeal was appropriate under R. 295(a) RoP. This decision highlights the practical mechanism for managing concurrent litigation between the Unified Patent Court and the European Patent Office.
Bentley Motors Limited v.Network Systems Technologies LLC
Bentley Motors Limited sought to withdraw a revocation action against Network Systems Technologies LLC concerning EP 1 552 399. The court granted the request, emphasizing that Rule 265(1) of the RoP does not mandate express consent from the respondent, provided they are given an opportunity to comment and do not object. This decision provides clarity on procedural requirements for withdrawing actions within the UPC framework.
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