Berichtersta
141 IP cases indexed. Covers patent matters.
Cases Presided Over
141 cases indexed | Page 4 of 5
Meril Life Sciences Pvt Ltd., Meril GmbH v.Edwards Lifesciences Corporation
This appeal concerned the determination of which party is the prevailing party under Article 69(1) of the Agreement on a Unified Patent Court following the dismissal of a claim after the defendant submitted an injunction and commitment declaration. The dispute involved European Patent EP 3 763 331 relating to a crimping device for stent-based valve prostheses. The Court of Appeal held that when a defendant commits to comply with the plaintiff's requests after proceedings have been initiated, the plaintiff is generally considered the prevailing party, as the declaration itself implies that the plaintiff's requests have been fulfilled.
Mammut Sports Group GmbH, Mammut Sports Group AG v.Respondent
This procedural order concerns European Patent No. EP 3 466 498 B1 in an infringement action and counterclaim for revocation. The defendants sought leave to file further written submissions by October 28, 2024, in response to a Court of Appeal order dated September 25, 2024. The Local Chamber Düsseldorf rejected the application, finding that the appellate order provided no basis for permitting additional pleadings in the main proceedings.
Dolby International AB v.Optoma Corporation, Optoma Deutschland GmbH, Optoma Europe Ltd.
Dolby International AB filed a patent infringement action against three Optoma entities concerning European Patent EP 3 605 534 before the Local Chamber Düsseldorf. Before the defendants' deadline to respond and file any counterclaim for invalidity expired, the plaintiff withdrew the action following an out-of-court settlement. The defendants consented to the withdrawal and the agreed cost arrangements. The court permitted the withdrawal, terminated the proceedings, and ordered a partial refund of court fees to the plaintiff.
Mammut Sports Group AG, Mammut Sports Group GmbH v.Ortovox Sportartikel GmbH
This case concerns an appeal before the Court of Appeal regarding the review of an order for interim measures in a patent dispute between Mammut Sports Group entities (based in Switzerland and Germany) and Ortovox Sportartikel GmbH (based in Germany). The appeal raised multiple procedural and substantive issues, including the scope of appellate review in interim measure proceedings, the clarity required for appeal grounds, the treatment of late submissions, the assessment of urgency and waiting periods under Rule 211.4, and the applicability of Rule 263 to applications for interim orders. The Court of Appeal issued headnotes establishing important legal principles on these matters, while the full operative provisions of the order were not fully available in the provided text.
OROPE Germany GmbH, Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Panasonic Holdings Corporation
The Court of Appeal addressed appeals by OPPO and OROPE against orders of the Local Division Mannheim concerning applications for the production of evidence under Rule 190 of the Rules of Procedure. The defendants sought evidence to support their FRAND defense in patent infringement actions brought by Panasonic concerning three European patents declared as standard-essential for the 4G mobile telecommunications standard. The Court of Appeal held that a defendant may rely on Rule 190.1 to request production of evidence, and that the first-instance court has discretion in balancing the defendant's interest in obtaining evidence useful for its FRAND defense against the other party's interest in protecting confidential information.
Panasonic Holdings Corporation v.Respondent
The Local Chamber Mannheim issued an order on September 17, 2024, rejecting the plaintiff's application to examine its own party expert as a witness in the oral hearing. The plaintiff, Panasonic Holdings Corporation, sought this examination in proceedings concerning European Patent EP 2 568 724 against OROPE Germany GmbH and Guangdong OPPO Mobile Telecommunications Corp. Ltd., arguing that the deadline for its replication on the FRAND counterclaim was insufficient to address the defendants' expert opinion. The court held that the application was filed after the close of the interim proceedings and that the procedure of examining one's own party expert as a witness is not provided for in the Rules of Procedure.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd., OROPE Germany GmbH
This is an interim procedural order issued by the Local Chamber Mannheim concerning the preparation of oral hearings in a patent infringement dispute over European Patent EP 2 568 724. The plaintiff, Panasonic Holdings Corporation, is proceeding against OROPE Germany GmbH and Guangdong OPPO Mobile Telecommunications Corp. Ltd. The order sets out the scheduling and structural framework for the oral hearing, dividing it into a first day dedicated to technical issues (uniform interpretation of the patent, validity, and infringement by standard) and a second day addressing FRAND-related matters, including the FRAND counterclaim.
Grundfos Holding A/S v.Hefei Xinhu Canned Motor Pump Co., Ltd.
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 2 778 423 B1. The court decided, pursuant to Article 33(3)(a) of the EPG Agreement in conjunction with Rule 37.2 of the Rules of Procedure, to jointly hear the infringement action brought by Grundfos Holding A/S against Hefei Xinhu Canned Motor Pump Co., Ltd. and the defendant's counterclaim for revocation of the patent. The decision was made before the close of the written procedure, with the consent of both parties, in order to allow early assignment of the technically qualified judge and to avoid scheduling delays.
Koninklijke Philips N.V. v.Shenzhen Yundig Information Technology Co., Ltd.
Koninklijke Philips N.V., the proprietor of European Patent EP 3 197 316 B1 concerning an oral cleaning system with motivational feedback for electric toothbrush users, filed an application for provisional measures against Shenzhen Yunding Information Technology Co., Ltd., a Chinese company selling 'Oclean' brand electric toothbrushes. The dispute concerned the alleged infringement by Philips of the 'X Ultra S' and 'X Pro Digital' toothbrush models being exhibited at IFA 2024 in Berlin. The Local Division Hamburg of the Unified Patent Court issued an order on September 9, 2024, addressing the application for interim injunctive relief.
Xiaomi Technology Germany GmbH, Xiaomi Technology Netherlands B.V., Xiaomi Technology France S.A.S, Shamrock Mobile GmbH, Xiaomi Technology Italy S.R.L, Odiporo GmbH v.Respondent
This case concerns a review under Rule 333 of the Rules of Procedure filed by the defendants in three parallel proceedings relating to European Patents EP 2 568 724, EP 2 207 270, and EP 2 315. The defendants challenged the rapporteur's order that only partially granted their request to extend the deadline for filing a rejoinder to the plaintiff's reply on the non-technical (FRAND) part. The Local Chamber Mannheim issued an order on the review of the time-limit extension request.
Advanced Bionics Sarl , Advanced Bionics AG, Advanced Bionics GmbH v.MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.
This is an appeal order concerning the referral of an infringement action from the Local Chamber Mannheim to the Central Division Paris. Advanced Bionics sought to have the infringement case transferred to the Central Division to be heard together with a nullity action they had filed against the same patent (EP 4074373). The Court of Appeal held that a connection for related cases under Rule 340 of the Rules of Procedure cannot result in a case being referred to another chamber outside the possibilities provided by Article 33 UPCA, and that Article 33 UPCA does not permit the referral of an infringement action from a local chamber to the central chamber without the parties' consent.
AYLO FREESITES LTD, AYLO Billing Limited , AYLO PREMIUM LTD v.DISH Technologies L.L.C., Sling TV L.L.C.
This appeal concerned the international jurisdiction of the Unified Patent Court in a patent infringement action involving European Patent EP 2479680, owned by DISH Technologies L.L.C. and exclusively licensed to Sling TV L.L.C. The appellants, AYLO Premium Ltd, AYLO Billing Limited, and AYlo Freesites Ltd, challenged an order of the Local Chamber Mannheim dated April 5, 2024. The Court of Appeal clarified that the UPC has international jurisdiction under Article 7(2) and Article 71b(1) of the Brussels Ia Regulation when the European patent has effect in at least one contracting member state and alleged damage may occur there, including through internet-based activities accessible in that territory.
Apple Retail France EURL, Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple Distribution International Ltd. v.Respondent
This procedural order from the Court of Appeal concerns an appeal by several Apple entities against an order of the President of the Court of First Instance (Local Division Düsseldorf) dated June 18, 2024, which rejected a request to change the language of proceedings to the language in which European Patent EP 2 263 098 was granted. The order addresses a Rule 36 application filed by the respondent Ona Patents SL, seeking to disregard the appellants' reply filed on August 15, 2024, or alternatively to be granted an extension to respond. The court reasoned that under Rule 239.2 RoP, the written procedure in appeal proceedings is concluded when the judge summons the parties to oral hearing, and any Rule 36 request for further submissions must be filed before that date.
DMV industrijski kontrolni sistemi d.o.o. v.Respondent
This procedural order concerns a request by DMV industrijski kontrolni sistemi d.o.o., a member of the public, for access to the pleadings and evidence in an ongoing patent infringement case under Rule 262.1(b) of the Rules of Procedure. The underlying infringement action was brought by SWARCO Futurit Verkehrssignalsysteme GmbH against STRABAG Infrastructure & Safety Solutions GmbH concerning European Patent EP 2 643 717, which relates to a color and light mixing collecting optic for outdoor LED variable traffic signs. The order establishes the legal framework for balancing public access interests against the protection of confidential information, personal data, and the integrity of the proceedings.
10x Genomics, Inc., President and Fellows of Harvard College v.Respondent
The Court of Appeal of the Unified Patent Court issued an order concerning an application for re-trial (Wiederaufnahme des Verfahrens) filed by 10x Genomics and Harvard College against NanoString Technologies. The re-trial application challenged the Court of Appeal's earlier order of February 26, 2024, which had overturned a first-instance interim injunction in favor of 10x and ordered 10x to bear the costs. The application alleged fundamental procedural errors, including violation of the right to be heard and Article 6 ECHR. The Court of Appeal addressed key principles regarding the interpretation of its own reasoning, the non-reviewability of evidentiary assessment in re-trial proceedings, and the legal basis for cost allocation in summary proceedings.
Seoul Semiconductor Co., Ltd. v.Respondent
Seoul Semiconductor Co., Ltd. filed a patent infringement action against Amazon Services Europe S.à r.l. concerning European Patent EP 3 339 920 B1 before the Local Chamber Düsseldorf. Following an out-of-court settlement reached between the parties, the plaintiff withdrew the action with the defendant's consent. The court allowed the withdrawal, declared the proceedings terminated, confirmed the parties' cost-sharing arrangement, and ordered the reimbursement of 60% of the court fees paid by the plaintiff.
Ortovox Sportartikel GmbH v.Respondent
This procedural order concerns an application by Ortovox Sportartikel GmbH for the release of a security deposit under Rule 352.2 of the Rules of Procedure. The Local Chamber Düsseldorf had previously granted Ortovox an ex parte interim injunction on December 11, 2023, against Mammut Sports Group AG and Mammut Sports Group GmbH concerning EP 3 466 498 B1, requiring security of EUR 500,000 in the form of either a deposit or a bank guarantee. After Ortovox initially deposited the amount and later also provided a bank guarantee, creating double security, the court addressed whether the original deposit could be released.
Panasonic Holdings Corporation v.Xiaomi Technology France S.A.S., Xiaomi Technology Netherlands B.V., Shamrock Mobile GmbH, Xiaomi Technology Italy S.R.L., Xiaomi Technology Germany GmbH, Odiporo GmbH
The Court of Appeal addressed the service of a patent infringement statement of claim on Xiaomi entities located in China and Hong Kong. It held that service cannot be effected merely through a sister Xiaomi company domiciled in a contracting member state, as such a group company cannot automatically be treated as the defendant's registered seat, head office, principal place of business, or a place of business under Rule 271.5(a). The Court further held that service attempts under the Hague Service Convention pursuant to Rule 274.1(a)(ii) must generally be pursued before resorting to alternative service methods under Rule 275.
BEGO Medical GmbH v.CEAD USA B.V., CEAD B.V.
This order concerns a request for confidentiality protection under Rules 262A and 262.2 of the Rules of Procedure in a nullity action regarding EP 2 681 034 B1. The defendant/applicant BEGO Medical GmbH sought access restrictions for information about its attorney costs submitted in annexes to its brief following an interim hearing under Rule 104(k). The judge-rapporteur addressed the interplay between inter-party confidentiality under Rule 262A and public access restrictions under Rule 262.2, establishing guiding principles for balancing the relevant interests.
Hanshow Germany GmbH, Hanshow Netherlands B.V., Hanshow France SAS, Hanshow Technology Co. Ltd v.Respondent
This order from the Court of Appeal addressed a procedural question regarding where a cost determination application (Kostenfestsetzung) must be filed when it follows an order or decision of the Court of Appeal. Both parties agreed, and the Court of Appeal confirmed, that such applications must be filed with the Court of First Instance and decided by the Rapporteur of that instance, even when the application relates exclusively or partially to the costs of the appeal proceedings. The underlying dispute concerned EP 3883277, where the Local Chamber Munich had rejected VusionGroup's application for interim measures and ordered it to bear Hanshow's costs.
KraussMaffei Extrusion GmbH v.TROESTER GmbH & Co. KG
This case concerned a patent infringement action brought by KraussMaffei Extrusion GmbH against TROESTER GmbH & Co. KG regarding European Patent EP 3 221 117. Following an oral hearing on April 16, 2024, the parties reached an out-of-court settlement, and the plaintiff withdrew the action with the defendant's consent. The court allowed the withdrawal, terminated the proceedings, and ordered a 20% reimbursement of court fees to the plaintiff under Rule 370.9(b)(iii) of the Rules of Procedure, finding that the oral proceedings had not yet been concluded.
Apple Retail Germany B.V. & Co. KG v.Respondent
This order concerns an application by Apple entities (the appellants and defendants in the main infringement proceedings) to accelerate the appeal proceedings and shorten the time limit for filing the respondent's appeal response under Rules 225(e) and 9.3(b) of the Rules of Procedure. The underlying dispute involves Apple's appeal of the Court of First Instance President's order dated June 18, 2024, which rejected Apple's request to change the language of proceedings from German to English (the language of the patent EP 2263098). The Court of Appeal rejected the acceleration request, finding that Apple's interests in acceleration did not outweigh Ona Patents' interest in orderly proceedings.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics GmbH, Advanced Bionics Sarl , Advanced Bionics AG
This procedural order from the Local Chamber Mannheim concerns the referral of a counterclaim for revocation of European Patent EP 4 074 373 to the Central Chamber Paris. The plaintiff MED-EL filed an infringement action against three Advanced Bionics entities, and defendants 2 and 3 counterclaimed for revocation. Because nearly identical revocation attacks were already pending before the Central Chamber Paris (filed earlier by Defendant 1), the Local Chamber exercised its discretion under Article 33(3)(b) of the UPC Agreement to refer the counterclaim to the Central Chamber for consolidated proceedings.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Respondent
This order concerns a procedural dispute in a patent infringement case involving European Patent EP 3 024 163 held by Panasonic Holdings Corporation. The defendants, Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH, requested an extension of the deadline to file their Duplik (reply) to the infringement claim, the reply to the counterclaim for revocation, and the response to the patent amendment request, until September 17, 2024. The court found that the plaintiff's practice of filing a redacted 'unredacted version' of its reply, with redacted portions serving as placeholders for later submissions, was impermissible, but granted an exception since this issue was being addressed for the first time.
Panasonic Holdings Corporation v.Respondent
This order concerns an application by Panasonic Holdings Corporation for confidentiality protection under Rule 262A of the Rules of Procedure regarding information contained in the unredacted version of its reply and attachments, as well as negotiations between the parties, in proceedings concerning European Patent EP 2 568 724. The defendants (OROPE Germany GmbH and Guangdong OPPO Mobile Telecommunications Corp. Ltd.) objected to the scope of the requested confidentiality regime, arguing it should extend to all related proceedings, permit information sharing with external counsel in parallel UK proceedings, and allow additional employees access. The matter was decided by the Presiding and Reporting Judge Dr. Tochtermann of the Local Chamber Mannheim.
OROPE Germany GmbH v.Respondent
The Local Chamber Mannheim issued an order extending the defendant's deadlines for filing its reply to the rejoinder on the FRAND-related statement of defense and its rejoinder on the response to the FRAND counterclaim. The deadlines, originally set to expire on July 17, 2024, were extended to August 14, 2024, following the final decision on the confidentiality protection regime. The court found the extension necessary and sufficient for the defendant to take a final position on the FRAND aspect of the dispute.
Guangdong OPPO Mobile Telecommunications Corp. Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This case concerns an application by Panasonic Holdings Corporation for confidentiality protection under Rule 262A of the Rules of Procedure in a patent infringement action involving European Patent EP 3 024 163. Panasonic sought to classify certain information related to ongoing FRAND license negotiations with the defendants (OPPO and OROPE) as strictly confidential, including grey-highlighted submissions and exhibits labeled 'Anlagen KAP FRAND'. The defendants requested that access to such confidential information be restricted to specific named persons. The order was issued by the presiding judge Matthias Zigann of the Local Chamber Munich.
AYLO FREESITES LTD, AYLO Billing Limited , AYLO PREMIUM LTD v.DISH Technologies L.L.C., Sling TV L.L.C.
This order concerns a dispute over access restrictions under Rule 262A of the Rules of Procedure in proceedings involving European Patent EP 2 479 680. Defendants AYLO Premium Ltd, AYLO Billing Limited, and AYLO Freesites Ltd sought to restrict the plaintiffs' (DISH Technologies and Sling TV) access to confidential information contained in their reply to the complaint dated 13 May 2024 and the attached annex BPV 5. The defendants argued that access should be limited to a maximum of three reliable natural persons on the plaintiffs' side, excluding their legal representatives, and that the three in-house counsel named by the plaintiffs were unsuitable due to the risk of misuse of confidential information for the plaintiffs' patent monetization program.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd., OROPE Germany GmbH
This is a procedural order issued by the Local Chamber Mannheim in a patent infringement action concerning European Patent EP 2 568 724, relating to LTE mobile communication technology. The court, through presiding judge and rapporteur Dr. Tochtermann, provided directions to the parties regarding claim interpretation requirements under Rule 13(1)(n) RoP, the need for the patent proprietor to anchor revocation counterclaim responses in specific claim features, the strict preclusion regime of Rule 30.2 RoP for later patent amendment requests, and the legal interest requirement for a FRAND license rate determination counterclaim seeking declaratory relief.
Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE v.Avago Technologies International Sales Pte. Limited
This procedural order concerns a request by the defendants (Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE) for confidentiality protection under Rule 262A of the Rules of Procedure for information contained in a written submission filed outside the regular deadline regime on May 24, 2024. The plaintiff (Avago Technologies International Sales Pte. Limited) left the decision to the court's discretion but argued that the information may not be confidential since Tesla's sales prices and vehicle production figures are publicly available. The Local Chamber Munich granted the confidentiality protection, finding it credible that the requested information is not publicly accessible.
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