Bart van den Broek
5 IP cases indexed. Covers patent matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
Sinocare Inc., A. Menarini Diagnostics s.r.l. v.Abbott Diabetes Care Inc.
This appeal concerned a preliminary injunction granted by the Local Division The Hague in favor of Abbott Diabetes Care Inc., the proprietor of European Patent EP 4 344 633 relating to a sensor assembly for continuous glucose monitoring systems. The Court of Appeal of the Unified Patent Court rejected the appeal brought by Sinocare Inc. and A. Menarini Diagnostics s.r.l., who were found to infringe the patent through their GlucoMen iCan product. The Court of Appeal upheld the injunction prohibiting the manufacture, marketing, and sale of the GlucoMen iCan in the UPC territory and ordered the Appellants to pay €200,000 as an interim award of costs.
ONWARD Medical N.V. v.Niche Biomedical, Inc.
ONWARD Medical N.V. sought interim measures against Niche Biomedical, Inc. for alleged direct and indirect infringement of European Patent EP 3 421 081 B1, which relates to a system for neuromodulation, particularly transcutaneous spinal cord stimulation. The Court of Appeal addressed key issues including the permissibility of asserting a patent in a non-registered claim form in interim proceedings, the admissibility of new auxiliary requests under R. 222 RoP, and the determination of intended use under Art. 26 EPGÜ. The appeal was dismissed, and ONWARD Medical was ordered to pay provisional costs of EUR 56,000 to Niche Biomedical.
Adobe Inc., Adobe Systems Software Ireland Limited, OpenAI LP, OpenAI OpCo LLC, Open AI Ireland Ltd, Truepic Inc., Joint Development Foundation Projects LLC, Coalition for Content Provenance and Authenticity v.Keeex SAS
The Court of Appeal of the Unified Patent Court reversed the Paris Local Division's order that had rejected preliminary objections challenging its international jurisdiction in a patent infringement action brought by Keeex SAS concerning EP 2 949 070. The Court held that the UPC's jurisdiction based on Article 7(2) of Regulation 1215/2012 is limited to the territory of UPC member states and cannot extend to alleged infringement of national patent parts in non-member states such as Switzerland, Spain, the UK, Ireland, Norway, and Poland.
A. Menarini Diagnostics S.r.l., Berlin-Chemie AG, A. Menarini Diagnostics Frankreich SASU v.F. Hoffmann-La Roche AG, Roche Diabetes Care GmbH
This is a decision of the Court of Appeal of the Unified Patent Court concerning the withdrawal of an application for interim measures related to EP 1 962 668. The applicants (Roche entities) had obtained an interim measures order from the Local Chamber Düsseldorf, which the respondents (Menarini entities) appealed. Following an out-of-court settlement, the applicants withdrew their application for interim measures, and the respondents consented. The Court of Appeal permitted the withdrawal, terminated the proceedings, and cancelled the scheduled oral hearing.
bioMérieux UK Limited and Others v.Labrador Diagnostics LLC
The Court of Appeal of the Unified Patent Court refused the bioMérieux appellants' requests to stay revocation appeal proceedings pending parallel EPO opposition proceedings and to extend the deadline for filing their Statement of grounds of appeal. The court held that a rapid EPO decision was not sufficiently imminent to justify a stay, and that no exceptional circumstances existed to warrant extending the strict deadline regime under the Rules of Procedure.
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