Berichtersta
141 IP cases indexed. Covers patent matters.
Cases Presided Over
141 cases indexed | Page 2 of 5
Seoul Viosys Co., Ltd. v.Respondent
The Court of Appeal issued an order disregarding a post-hearing brief filed by Seoul Viosys Co., Ltd. following the oral hearing of July 11, 2025. The court held that under Rule 36 of the Rules of Procedure, there is no basis for filing further pleadings after the close of written proceedings without prior court approval, and this applies even more so after the oral hearing when the case is ready for decision. The court further held that there is no need to respond in writing to the court's introduction after the oral hearing, as any such response should have been made during the hearing itself.
Brodrene Hartmann A/S v.Omni-Pac GmbH Verpackungsmittel, Omni-Pac Ekco GmbH Verpackungsmittel
This is a procedural order issued by the Local Chamber Düsseldorf in proceedings concerning European Patent EP 2 755 901 B1, relating to a display and distribution package for eggs made of fibrous material. The plaintiff, Hartmann Packaging A/S (formerly Brødrene Hartmann A/S), is suing Omni-Pac Ekco GmbH Verpackungsmittel and Omni-Pac GmbH Verpackungsmittel. The order addresses the conclusion of the interim procedure under Rules 104 and 110(1) of the Rules of Procedure, setting out the court's preliminary view on the relevant skilled person and the feature breakdown of patent claim 1 to be used at the oral hearing.
Lepu Medical (Europa) Cooperatief U.A., Lepu Medcial Technology (Peking) Co., Ltd. v.Occlutech GmbH
This procedural order was issued by the Local Chamber Düsseldorf in case UPC_CFI_630/2025 concerning European Patent EP 1 998 686 B1. The applicant Occlutech GmbH sought interim measures against Lepu Medical (Europa) Cooperatief U.A. and Lepu Medical Technology (Peking) Co., Ltd., who challenged both infringement and validity of the patent-in-suit. The court ordered the addition of a technically qualified judge to the panel to ensure proper assessment of the patent's validity at the interim measures stage.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
This is a procedural order issued by the Local Chamber Düsseldorf concerning three European patents (EP 3 398 487, EP 3 281 569, and EP 3 610 762) in a dispute between CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG (plaintiff) and ALPINA Coffee Systems GmbH (defendant). The court addressed the question of how to proceed under Article 33(3) of the UPC Agreement regarding the handling of the infringement action and the counterclaim for revocation. With the agreement of both parties, the chamber ordered that both the infringement action and the revocation counterclaim be heard jointly, citing procedural efficiency and the moderate complexity of the technical subject matter.
Imusyn GmbH & Co. KG v.BAG Diagnostics GmbH
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 3 548 898 B1. The applicant Imusyn GmbH & Co. KG sought preliminary measures against respondent BAG Diagnostics GmbH, who challenged both infringement and the validity of the patent. The presiding judge ordered the addition of a technically qualified judge to the panel, finding it appropriate given the substantive validity challenges raised by the respondent.
STRABAG Infrastructure & Safety Solutions GmbH v.Respondent
This is an order of the Court of Appeal concerning an application for confidentiality in a patent infringement dispute over EP 2 643 717. The Court of Appeal addressed whether Chainzone, as intervener supporting Strabag, could obtain restrictions on the use and disclosure of Fraunhofer measurement reports that had already been submitted to the Court of First Instance without any prior confidentiality request. The Court held that an application under R. 262A RoP restricting access to or use of information and evidence must be made at the time of filing the document, and a first-time request in appeal proceedings regarding evidence already submitted at first instance is inadmissible.
Aesculap AG v.Respondent
This case concerns an order issued by the Local Chamber Düsseldorf regarding European Patent EP 2 892 442 B1, owned by Aesculap AG. Following a prior order dated July 10, 2025, which required Shanghai International Holding Corporation GmbH (Europe) to cease offering, marketing, or using certain cutting tools for surgical torque-transmitting instruments in Germany and France, and to provide structured information about infringing products, the present order addresses Rule 354 of the Rules of Procedure concerning the threat of coercive measures. The order was issued by Presiding Judge Thomas acting as rapporteur.
InterDigital VC Holdings, Inc. v.The Walt Disney Company, Disney Platform Distribution, Inc., Disney Streaming Services LLC, Disney Media & Entertainment Distribution LLC, Disney Entertainment & Sports LLC, BAMTech LLC.
This case concerns an application by InterDigital VC Holdings, Inc. and Interdigital CE Patent Holdings SAS against The Walt Disney Company and several related entities regarding four European patents. The dispute arose after the applicants obtained an Anti-Anti-Suit Injunction (AASI) on May 27, 2025, and sought to serve it on the respondents' representatives via the special electronic lawyer mailbox (beA). The respondents' representatives refused to issue a confirmation of receipt, claiming improper service, while simultaneously communicating that their clients would not seek an Anti-Suit Injunction. The Local Chamber Mannheim, presided over by Judge Tochtermann, addressed the refusal to accept service under Rule 206 of the Rules of Procedure.
Shanghai International Holding Corporation GmbH (Europe) v.Aesculap AG
This is a procedural order issued by the Local Chamber Düsseldorf in proceedings concerning European Patent EP 2 892 442 B1, relating to a cutting tool of a surgical torque-transmitting instrument. The presiding judge, acting as rapporteur, set out the intended feature breakdown (Merkmalsgliederung) of patent claim 1 to be used as the basis for the oral hearing scheduled for July 1, 2025. The order also referenced a Court of Appeal decision from April 30, 2025 (Insulet v. EOFlow) regarding the scope of information sought by the applicant.
ILME GmbH Elektrotechnische Handelsgesellschaft, Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that had rejected ILME's objection under R. 19.1(a) RoP in a patent infringement action concerning EP 3 602 692. Following an out-of-court settlement between the parties, the Local Division Munich allowed the withdrawal of the main infringement action on June 5, 2025. The Court of Appeal dismissed the appeal as moot under R. 360 RoP, finding that ILME no longer had any legal interest in a decision on the appeal.
Knaus Tabbert AG v.Respondent
This order from the Court of Appeal, dated June 17, 2025, addresses an objection (Gegenvorstellung) filed by Knaus Tabbert AG against the rejection of its request for suspensive effect under Rule 223 of the Rules of Procedure. The underlying dispute concerns alleged infringement of European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The Court of Appeal held that an objection that merely challenges the reasoning expressed in the rejecting order, without raising new substantive grounds, is inadmissible.
Aesculap AG v.Shanghai International Holding Corporation GmbH (Europe)
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 2 892 442 B1. The respondent requested simultaneous interpretation of the oral hearing from German into English and permission to attend the hearing via video conference. The applicant opposed the interpretation request but did not object to the respondent arranging an interpreter at their own cost, and consented to video conference participation by the respondent's representatives.
DISH Technologies L.L.C., Sling TV L.L.C. v.BROCKWELL GROUP LLC, AYLO PREMIUM LTD, AYLO FREESITES LTD, BRIDGEMAZE GROUP LLC, AYLO Billing Limited , AYLO BILLING US CORP.
The plaintiffs, DISH Technologies L.L.C. and Sling TV L.L.C., brought an infringement action against multiple AYLO entities and related companies alleging literal and, alternatively, equivalent indirect infringement of European Patent EP 2 479 680, which concerns a method for presenting a rate-adaptive data stream. The defendants filed a counterclaim for invalidity. The Local Chamber Mannheim addressed key legal questions regarding the doctrine of equivalents, the legal interest in isolated removal of dependent subclaims via nullity counterclaims, and the appropriate number of auxiliary requests under Rule 30.1(c) of the Rules of Procedure.
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.
Belkin Limited, Belkin International, Inc., Belkin GmbH v.Koninklijke Philips N.V.
This case concerned an appeal and cross-appeal against an order of the Local Division Munich dated December 17, 2024, regarding coercive fines imposed on Belkin for non-compliance with an information obligation under Article 67(1) EPGÜ. The Court of Appeal addressed five key legal questions relating to the setting of deadlines for providing information, the imposition of coercive fines even after belated compliance, the burden of proof regarding compliance, the scope of required disclosures (including manufacturer prices), and the permissible form of the information. The Court issued five guiding principles clarifying the procedural framework for enforcing information orders and the conditions for imposing coercive fines.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
This case concerns an appeal before the Court of Appeal regarding a request for suspensive effect (stay of enforcement) in a patent infringement dispute. SWARCO FUTURIT Verkehrssignalsysteme GmbH, the registered proprietor of European Patent EP 2 643 717 relating to a color and light mixing collective optic, brought an infringement action against STRABAG Infrastructure & Safety Solutions GmbH. STRABAG had installed LED variable traffic signs at certain locations (A12, VKP Kundl, RFB Innsbruck) that it had sourced from Chainzone Technology (Foshan) Co., Ltd., which intervened in support of STRABAG. The Court of Appeal issued an order on May 26, 2025, addressing STRABAG's application for suspensive effect against the first instance decision of January 15, 2025.
Knaus Tabbert AG v.Erwin Härtwich, Yellow Sphere Innovations GmbH
This is an appeal order concerning a request for suspensive effect (stay of enforcement) in a patent infringement dispute involving European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The appellant Knaus Tabbert AG sought to stay enforcement of a first-instance order, arguing that the plaintiffs' financial situation required security for enforcement. The Court of Appeal held that the ordering of security for enforcement lies within the discretion of the Court of First Instance, and that a defendant must raise facts justifying such security already at first instance, so that a request for suspensive effect generally cannot rely on the plaintiff's financial situation if this could have been raised earlier.
Shanghai International Holding Corporation GmbH (Europe) v.Aesculap AG
This procedural order concerns the addition of a technically qualified judge to the panel in interim proceedings involving European Patent No. EP 2 892 442 B1. The applicant Aesculap AG sought interim measures against Shanghai International Holding Corporation GmbH (Europe), and the respondent challenged the patent's validity on grounds of lack of novelty and inventive step. The Local Chamber Düsseldorf found it necessary and appropriate to supplement the panel with a technically qualified judge at the interim stage, given the substantive validity challenges raised and the likelihood that such a judge would also be needed in parallel main proceedings.
Xiaomi Technology Germany GmbH, Xiaomi Technology Netherlands B.V., Xiaomi Communications Co., Ltd., Xiaomi Inc. v.Respondent
This procedural order concerns a dispute between Nera Innovations Ltd. and several Xiaomi entities regarding European Patent EP2642632. The defendants sought to have the plaintiff's arguments regarding the patentability of auxiliary requests 19/19A and 22/22A, raised in the reply to the patent amendment request, disregarded as late-filed under Rule 9.2 RoP. The court rejected the defendants' request, holding that when auxiliary requests combine previously explained auxiliary requests, a reference to those earlier explanations in the patent amendment request is sufficient, and that merely deepening submissions in the reply does not constitute late filing.
Rädlinger Maschinenbau GmbH v.Respondent
This procedural order concerns an application by the plaintiff, Rädlinger Maschinenbau GmbH, for an extension of deadlines under Rule 9(3) of the Rules of Procedure in a patent infringement and revocation counterclaim case concerning European Patent EP 3 770 330 B1. The court granted the extension, finding that the USB stick containing key exhibits (MW 3 to 5, MW 17, and MW 27) was only served on the plaintiff on April 15, 2025, nearly two weeks after the defendant's submissions, constituting an exceptional circumstance justifying the relief. The deadlines for the plaintiff's reply to the infringement defense and response to the revocation counterclaim were extended from May 28, 2025 to June 16, 2025.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.Alpina Coffee Systems GmbH
This procedural order from the Local Chamber Düsseldorf concerns an application for the protection of trade secrets and confidential information under Rule 262A of the Rules of Procedure. The court classified certain financial information submitted by the defendant — including employee numbers, annual revenue, and annual balance sheet totals — as confidential. Access to this information on the plaintiff's side was restricted to the plaintiff's external attorney and its Chief Financial Officer.
Ortovox Sportartikel GmbH v.Mammut Sports Group GmbH, Mammut Sports Group AG
This is a cost assessment proceeding (Kostenfestsetzungsverfahren) before the Local Chamber Düsseldorf concerning European Patent EP 3 466 498 B1. The plaintiff Ortovox Sportartikel GmbH had sued defendants Mammut Sports Group AG and Mammut Sports Group GmbH for patent infringement, while the defendants had filed a counterclaim for invalidity. Following a January 14, 2025 decision largely favoring the plaintiff on infringement and dismissing the invalidity counterclaim, the defendants filed a cost assessment application on February 13, 2025 seeking reimbursement of EUR 9,732.21 in costs related to the infringement proceedings.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG, Mammut Sports Group GmbH
This is a cost assessment decision by the Local Chamber Düsseldorf concerning European Patent EP 3 466 498 B1. The court addressed the reimbursement of costs arising from the main infringement proceedings and related interim/interlocutory proceedings between Ortovox Sportartikel GmbH as plaintiff and Mammut Sports Group AG and Mammut Sports Group GmbH as defendants. The decision establishes that dividing tasks among multiple lawyers and patent attorneys does not generate additional reimbursable costs, and that costs from interim proceedings are separately reimbursable with their own upper limits distinct from the main proceedings.
expert klein GmbH, expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This case concerns a cost assessment procedure following the revocation of European Patent EP 3 223 320 B1. Seoul Viosys Co., Ltd. had sued expert e-Commerce GmbH and expert klein GmbH for patent infringement, but the Local Chamber Düsseldorf revoked the patent on October 10, 2024, and dismissed the infringement action. The defendants subsequently filed a cost assessment application on December 12, 2024, seeking recovery of €111,000 in total costs, comprising €100,000 for proceedings costs and €11,000 for court costs of the revocation counterclaim.
Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A., ILME GmbH Elektrotechnische Handelsgesellschaft v.Respondent
This procedural order concerns ILME's request to stay the first-instance proceedings before the Local Division Munich pending the outcome of its appeal against a jurisdictional ruling. The Court of Appeal denied the stay request, finding that considerations of efficiency and the administration of justice favored seeking a prompt decision on the jurisdiction question raised under Rule 19 RoP before the main hearing scheduled for June 17, 2025, rather than suspending the first-instance proceedings.
Nichia Corporation v.Respondent
This case concerned an infringement action brought by Nichia Corporation against Endrich Bauelemente Vertriebs GmbH regarding European Patent EP 2 323 178 B1. The parties settled the dispute during the written procedure, and the court confirmed the settlement pursuant to its procedural rules. The court ordered partial reimbursement of 60% of the court fees paid by the plaintiff, amounting to 9,000 EUR, and set the dispute value at 1,000,000 EUR.
PHOENIX CONTACT GmbH & Co. KG v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that rejected ILME's objection under Rule 19 RoP. Phoenix, the respondent, requested a three-week extension to file its response to the appeal brief. The Court of Appeal granted only a three-day extension, finding that a longer extension would contradict the principle of equality of arms and that the competence question raised should be resolved expeditiously given the pending main proceedings.
AMPERSAND Partnerschaft von Rechtsanwälten mbB v.Respondent
This order concerns an application under Rule 262 of the Rules of Procedure by the law firm AMPERSAND Partnerschaft von Rechtsanwälten mbB seeking access to all written submissions and evidence filed in a completed patent infringement case between Panasonic Holdings Corporation and OPPO/OROPE concerning EP 2 568 724. The applicant cited a general information interest and a specific scientific interest, as one of its lawyers was working on a commentary on the Unitary Patent system. Panasonic opposed the request as too indefinite and disproportionate, while the defendants did not file observations. The court began its reasoning by applying the guidelines developed by the Court of Appeal in UPC_CoA_404/2023, weighing the effort required for access against the applicant's interests in this particularly complex and voluminous case.
OTEC Präzisionsfinish GmbH v.STEROS GPA INNOVATIVE S.L.
The Local Chamber Düsseldorf issued an order on March 26, 2025, in proceedings concerning European Patent EP 2 983 864 B1, relating to a method and device for surface treatment of workpieces. The applicant, OTEC Präzisionsfinish GmbH, sole proprietor of the patent, had filed an application on March 25, 2025, seeking an order for inspection and evidence preservation at the trade fair stands of the respondents at the Cologne trade fair (Köln Messe). The respondents include STEROS GPA INNOVATIVE S.L., a manufacturer of machines for drag finishing and electropolishing, and a second respondent described as a specialist dealer and customer of the first respondent.
STÄUBLI TEC-SYSTEMS GMBH v.Respondents
This appeal concerned the allocation of costs in a revocation action before the Unified Patent Court after the former patent proprietors waived the patent in suit (EP 3 170 639). Stäubli Tec-Systems GmbH had filed a revocation action against the patent proprietors, who subsequently waived the patent. The Court of Appeal addressed whether an exception to the general 'loser pays' rule under Article 69(1) EPGÜ applies when a patent proprietor waives the patent at the outset of revocation proceedings without having provoked the action.
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