Berichtersta
141 IP cases indexed. Covers patent matters.
Cases Presided Over
141 cases indexed | Page 1 of 5
Rematec GmbH & Co KG, Poststraße 10, 84378 Dietersburg, Germ v.Patentanwälte, Rechtsanwälte, LANGUAGE OF PROCEEDINGS
This order addresses a procedural question regarding jurisdiction over a cost decision application following an appeal in a patent infringement and revocation case concerning EP 2 548 648. The Court of Appeal dismissed Rematec's application to refer its cost decision request to the Court of First Instance, holding that the Court of Appeal has no jurisdiction over cost decisions, which must be filed before the Court of First Instance. The Court found no exceptional circumstances warranting a deviation from the general rule.
ONWARD Medical N.V. v.Niche Biomedical, Inc.
This is an appeal concerning an application for interim measures related to alleged direct and indirect infringement of European Patent EP 3 421 081 B1, which relates to a system for neuromodulation. ONWARD Medical N.V., the registered proprietor of the patent, sought interim measures against Niche Biomedical, Inc. before the Local Division Munich, which issued an order on October 17, 2025. The appeal addressed key procedural and substantive issues including the assertion of a non-registered claim version in interim proceedings, the admissibility of auxiliary requests under Rule 222 of the Rules of Procedure, and the determination of intended use under Article 26 EPGÜ for indirect patent infringement.
ALPINA Coffee Systems GmbH v.CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG
This is an order from the Court of Appeal concerning ALPINA Coffee Systems GmbH's request for suspensive effect (stay of enforcement) of its appeal against a decision of the Local Chamber Düsseldorf. The underlying decision of March 18, 2026 had largely found that ALPINA's milk frother 'ALPINA Latte Perfetto Duo' infringed European Patent EP 3 398 487, while ALPINA's counterclaim for revocation was unsuccessful. ALPINA filed its appeal on March 19, 2026, and sought suspensive effect at least until it becomes clear whether and to what extent CUP&CINO will seek enforcement in parallel proceedings concerning related European patents.
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 appeal concerned EP 1 962 668, a patent dispute in which F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH had obtained an order for interim measures against A. Menarini Diagnostics entities from the Local Chamber Düsseldorf on December 5, 2025. The Menarini entities appealed that order. Before the appeal could be heard, the parties reached an out-of-court settlement, and Roche withdrew its request for interim measures. The Court of Appeal allowed the withdrawal pursuant to Rule 265 of the Rules of Procedure and terminated the proceedings, noting that each party would bear its own costs.
TRUMPF Laser UK Limited v.IPG Laser GmbH & Co. KG
TRUMPF Laser UK Limited, the sole registered proprietor of European Patent EP 2 951 625 concerning an optical apparatus for bundling laser light, brought an infringement action against IPG Laser GmbH & Co. KG based on claim 6 of the patent. The action concerns alleged direct literal infringement, and subsidiarily direct equivalent infringement, in respect of the national parts of the patent in force in Austria, Finland, France, Germany, Italy, the Netherlands, and Romania. The defendant filed a counterclaim for invalidity. The Local Chamber Mannheim held an oral hearing on January 27, 2026 and rendered its decision on February 24, 2026.
Dai Nippon Printing Co., Ltd. v.Zapp AG a. O.
This provisional procedural order concerns European Patent EP 3 805 415 and was issued by the Local Chamber Düsseldorf in consolidated proceedings. The defendants (Zapp AG and Zapp Precision Metals GmbH) filed a request to designate certain information as trade secrets or confidential information under Article 58 of the Agreement on a Unified Patent Court. The court addressed the defendants' requests regarding the protection of confidential information and the restriction of access to specific individuals.
Huawei Technologies Co. Ltd. (and Netgear Deutschland GmbH, Netgear Inc., Netgear International Limited in the CFI main action) v.TP-Link Systems Inc., TP-Link Deutschland GmbH, TP-Link Enterprises France SARL, TP-Link Enterprises Netherlands B.V., TP-Link Italia S.R.L., TP-Link Enterprises Nordic AB, Lianzhou International Co., Ltd.
This is an order from the Court of Appeal concerning public access to the register under Rule 262.1(b) RoP. TP-Link had applied before the Local Division Munich for access to certain pleadings and annexes filed by Huawei and Netgear in related infringement proceedings concerning EP 3 678 321, after redaction of personal data. Netgear opposed the request, seeking its rejection or, alternatively, that TP-Link only receive access to fully redacted versions of the documents. The appeal proceedings concern the contested order of the Local Division Munich dated November 28, 2025.
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
This is an order from the Court of Appeal concerning security for costs (Prozesskostensicherheit) under Article 69(4) EPGÜ and Rule 158 of the Rules of Procedure. The court held that security for costs can only be ordered against the applicant (the party initiating the proceedings), not in their favor. In appeal proceedings, only the respondent on appeal may request security for costs, as the appellant is the party who initiates the appeal. The case involves an appeal by Hefei Xinhu Canned Motor Pump Co., Ltd against a first instance decision of the Local Division Düsseldorf finding patent infringement of EP 2 778 423.
Huawei Technologies Co. Ltd. v.TP-Link Systems Inc., TP-Link Deutschland GmbH, TP-Link Enterprises France SARL, TP-LINK Enterprises Netherlands B.V., TP-Link Italia S.R.L., TP-LINK Enterprises Nordic AB, Lianzhou International Co., Ltd.
This is a procedural order from the Court of Appeal concerning a file inspection request under Rule 262.1(b) of the Rules of Procedure. TP-Link sought access to certain filings and annexes submitted by Huawei and Netgear in infringement proceedings before the Local Division Munich involving EP 3 678 321, arguing a legitimate interest because Huawei was suing TP-Link for infringement of the same patent. Netgear and Huawei opposed the request, seeking its full rejection or, alternatively, limiting access to fully redacted versions of the documents.
ALD France S.A.S v.Nanoval GmbH & Co . KG
This case concerns a nullity action filed by ALD France S.A.S against EP 3 083 107 B1, in which the defendant Nanoval GmbH & Co. KG filed an objection under Rule 19 of the Rules of Procedure. Nanoval argued that the action was abusive, brought by a 'straw man' subsidiary of ALD Vacuum Technologies GmbH (which was already involved in parallel infringement and nullity proceedings before the Munich Local Division), creating double lis pendens. The defendant contended that the plaintiff and the Munich defendant were the 'same party' under Article 33 of the European Patent Convention Agreement, distinguishing the situation from Meril v. Edwards.
Aesculap AG v.Shanghai Bojin Medical Instrument Co. Ltd. a. o.
This procedural order was issued by the Local Chamber Düsseldorf in a patent infringement case concerning European Patent EP 2 892 442 B1, brought by Aesculap AG against three Shanghai Bojin-related entities. The court addressed four procedural matters: scheduling the oral hearing, the claimant's request to extend claims to include an additional product called the 'Bojin Rosenfräser,' the addition of Shanghai Bojin Electric Instrument & Device Co., Ltd as a new party, and Defendant 1's request for re-establishment of rights. The court set the oral hearing for June 17, 2026, ordered the addition of the new party, and provisionally assessed the remaining requests while reserving final decisions for further deliberation.
Windhager Handelsgesellschaft m.b.H. v.bellissa HAAS GmbH
This procedural order concerns an application by Windhager Handelsgesellschaft m.b.H. for suspensive effect of its appeal against a decision of the Local Division Mannheim in a patent infringement dispute involving European Patent EP 2 223 589. The Local Division had largely upheld bellissa HAAS GmbH's infringement claims while rejecting Windhager's invalidity counterclaim. Windhager sought suspensive effect, arguing the first-instance decision contained obvious errors in its assessment of direct infringement and the dismissal of the invalidity counterclaim, and also requested a stay of the appeal proceedings pending a new invalidity action filed by LS 9 GmbH before the Central Division Milan.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
The Court of Appeal addressed whether to admit the withdrawal of an appeal by the defendant-appellant Strabag following an out-of-court settlement with the plaintiff Swarco, and whether the separate appeal filed by the intervener Chainzone (which supported Strabag) became moot as a result. The Court held that the withdrawal of Strabag's appeal was admissible and that Chainzone's appeal became moot under Rule 360 RoP, because the intervener cannot maintain an independent position contradicting the supported party. The Court further ruled that Chainzone should generally be treated like Strabag regarding costs.
Komax Holding AG v.Jiangsu BOZHIWANG Automation Equipment Co., Ltd.
Komax Holding AG, the sole proprietor of European Patent EP 3 024 099 B1 relating to a cable processing device, filed an application for an order of inspection and evidence preservation at the trade fair stand of Jiangsu BOZHIWANG Automation Equipment Co., Ltd. The application was filed on November 14, 2025, in preparation for a main infringement action. The Local Chamber Düsseldorf issued the order on November 17, 2025, under Article 60 of the relevant agreement and Rules 194(d), 196, 197, and 199 of the Rules of Procedure.
OTEC Präzisionsfinish GmbH v.STEROS GPA INNOVATIVE S.L.
This case concerns an inspection and evidence preservation order related to European Patent EP 2 983 864 B1. The applicant, OTEC Präzisionsfinish GmbH, sought inspection at the respondent's trade fair stand at the EMO Messe Hannover, which was ordered and executed in September 2025. Following the respondent's failure to assert any confidentiality interests regarding the expert's detailed description, the court ordered disclosure of the unredacted version to the applicant.
Brita SE v.Fileder Filter Systems Spolka z o.o.
Brita SE, the registered proprietor of European Patent EP 2 131 940 B1 relating to water filter devices with locking cartridges, filed a preliminary injunction application against the Polish company Fileder Filter Systems Spółka z o.o. The defendant is part of the Fileder Group, whose German distribution subsidiary had previously been warned by Brita for alleged patent infringement and issued a cease-and-desist declaration, subsequently identifying the defendant as the supplier of the allegedly infringing water filter systems. The Local Division Hamburg issued an order on November 6, 2025, following receipt of the application on November 5, 2025.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., against expert e-Commerce GmbH and expert klein GmbH. The appeal concerns the assessment of added matter (unzulässige Erweiterung) under Article 123(2) EPC, particularly where the patent was derived from an international application not filed in an official EPO language. The Court of Appeal addressed key legal questions regarding the role of translations of international applications and the standard for assessing disclosures in earlier applications.
ONWARD Medical N.V v.Niche Biomedical, Inc.
ONWARD Medical N.V. sought interim injunctive relief against Niche Biomedical, Inc. (doing business as ANEUVO) for alleged infringement of European Patent EP 3 421 081 B1, directed to a system for neuromodulation. The Local Chamber Munich of the Unified Patent Court addressed the legal principle that auxiliary requests seeking interim measures based on alternative claim formulations deviating from the granted patent version are generally inadmissible in provisional proceedings under Article 62 EPGÜ. The court held that a patent proprietor's request to amend the claim formulation indicates that the patent as granted is likely invalid, undermining the court's ability to assess the validity required for granting interim relief.
Huawei Technologies Co. Ltd. v.MediaTek, Inc. et. al.
This case concerned an infringement action and a counterclaim for invalidity regarding European Patent EP 3 567 731. Before the conclusion of the written proceedings, the plaintiff Huawei Technologies requested permission to withdraw the infringement action against both defendants with the consent of Defendant 2, while Defendant 2 requested permission to withdraw its counterclaim for invalidity with the plaintiff's consent. The Local Chamber Mannheim granted both withdrawals, declared the proceedings terminated, and ordered a 60% reimbursement of the court fees paid by each party, while declining to issue a cost decision since neither party filed cost applications.
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.
Roku International B.V. and Roku, Inc. v.Dolby International AB
This order from the Court of Appeal concerns appeals by Roku against the rejection of its objections (Einsprüche) by the Local Division Munich. The Court of Appeal addressed whether the grounds for objection under Rule 19.1 of the Rules of Procedure are exhaustive, whether the UPC's jurisdictional framework is compatible with EU law, whether the Administrative Committee could replace London with Milan as a Central Division location, and how court fees apply to multiple appeal proceedings. The Court of Appeal upheld the rejection of Roku's objections, finding them inadmissible or unfounded.
expert klein GmbH and expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed a decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The Court of Appeal addressed the legal standard for assessing unallowable extension of subject matter (added matter), particularly in the context of a patent derived from a divisional application.
Expert e-Commerce GmbH, Expert klein GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed against the decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The appeal proceedings (UPC_CoA_764/2024 and UPC_CoA_774/2024) were heard together at an oral hearing on July 11, 2025, with Seoul Semiconductor Co., Ltd. intervening in support of Viosys.
Robert Bosch GmbH v.Grizzly Tools et. al.
Robert Bosch GmbH filed an infringement action against Grizzly Tools and three Lidl entities concerning European Patent EP 3 030 383 B1, asserting infringement in Germany, Spain, France, Great Britain, Italy, and Poland. The defendants filed separate objections under Rule 19 of the Rules of Procedure challenging the court's jurisdiction over non-UPC contracting member states (Poland, Spain, and the UK). The Mannheim Local Chamber rejected the objections, holding that establishing international jurisdiction under Article 4(1) and Article 63(1) of the Brussels Ia Regulation requires only demonstrating that the defendant has its seat in an EU member state of the court seized, and that under Article 71b(1) Brussels Ia, it suffices to show the seat is in one of the states establishing the common court.
OTEC Präzisionsfinish GmbH v.STEROS GPA INNOVATIVE S.L.
OTEC Präzisionsfinish GmbH, the sole proprietor of European Patent EP 2 983 864 B1 concerning a method and device for surface treatment of workpieces, filed an application for an inspection and evidence preservation order against STEROS GPA INNOVATIVE S.L. at the latter's trade fair stand in Hannover. The application was made in preparation for a main infringement action. The patent had been granted on April 26, 2017, without any opposition being filed, and was in force in multiple European countries. The respondent, the parent company of the GPAINNOVA Group, had also filed a counterclaim for revocation of the patent in a related main proceeding (UPC_CFI_511/2025).
MediaTek Germany GmbH v.Huawei Technologies Co. Ltd.
This order concerns an application by MediaTek Germany GmbH under Rule 190 of the Rules of Procedure for the production of license agreements referenced by Huawei Technologies Co. Ltd. in the infringement proceedings concerning EP 3 567 731. Huawei agreed to produce most of the identified license agreements but objected to the production of two additional agreements relating exclusively to network infrastructure products. The Local Chamber Mannheim partially granted the application, ordering Huawei to produce the license agreements listed on pages 2 and 3 of its August 15, 2025 statement, while declining to order production of certain other agreements.
Windhager Handels GmbH v.bellissa HAAS GmbH
The plaintiff bellissa HAAS GmbH, sole registered proprietor of European Patent EP 2 223 589 B1 concerning a bed edging with a lockable sheet metal strip, sued Windhager GmbH and two individual defendants for alleged direct, and alternatively indirect, literal infringement of the patent. The patent, valid in Germany, Austria, and Luxembourg, claims an edging for beds and green areas consisting of at least two sheet metal strips with interlocking tongue-and-slot connection ends. The Local Chamber Mannheim issued headnotes clarifying that offering or supplying all components designed for simple assembly at the place of use constitutes direct patent infringement under Art. 25(a) EPGÜ, and that individual sale of a coordinated component likewise constitutes direct infringement when assembly is indicated or otherwise obvious.
Occlutech GmbH v.Lepu Medical (Europa) Cooperatief U.A. a.o.
This is a procedural order issued by the Local Chamber Düsseldorf concerning the protection of confidential information under Rule 262A of the Rules of Procedure in a patent infringement dispute involving European Patent EP 1 998 686 B2. The applicant, Occlutech GmbH, seeks interim measures against the respondents, Lepu Medical entities, for alleged patent infringement. The respondents filed an objection on August 11, 2025, and requested that certain confidential information be protected with restricted access to designated persons.
Blankenhorn GmbH v.Respondent
This case concerns a cost allocation dispute (Rule 360 RoP) between Faro Technologies, Inc. and Blankenhorn GmbH (Respondent 2) in proceedings concerning EP 4 001 835. The original proceedings involved an application for interim measures (injunction and sequestration) under Art. 62 EPGÜ against both PMT Technologies (Suzhou) Co., Ltd. (the manufacturer) and Blankenhorn GmbH (the German distributor), following alleged infringement observed at the 'Control' trade fair in Stuttgart on May 6, 2025. After Faro settled with PMT Technologies and Blankenhorn submitted a cease-and-desist declaration, Blankenhorn sought a ruling on cost allocation for the now-concluded proceedings between the two of them.
HMD Global Oy v.Respondent
This is a procedural order from the Local Chamber Hamburg concerning a request by the defendant HMD Global Oy to extend the deadline for filing its statement of defense by one month in a patent infringement action brought by Fraunhofer. The court denied the extension, holding that the defense deadline under Rule 23 of the Rules of Procedure is already calibrated to permit fact-finding and internal coordination, including across vacation periods, and that the complexity of the FRAND defense involving pool negotiations does not justify additional time where license offers and counter-offers have been on the table for years.
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