Berichterstatterin Ingeborg Simonsson
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 cases indexed | Page 1 of 1
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.
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.
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.
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.
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.
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.
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.
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Huawei Technologies Co. Ltd
This procedural appeal before the Court of Appeal concerned the time limit for filing a Statement of Defense after a claim extension to add a new patent. Huawei had originally filed an infringement action on June 1, 2023, based solely on EP 3611989, and later sought to extend the claim to include EP 3678321. The Local Division Munich allowed the extension, prompting Netgear to appeal. The Court of Appeal addressed whether the defendant must be afforded the same time limit to respond to a newly added patent as would apply if a fresh action had been filed regarding that patent.
NETGEAR Deutschland GmbH, Netgear International Limited, Netgear Inc. v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal concerning a procedural appeal filed by Netgear against a decision of the Local Division Munich that separated the portion of the action based on European Patent EP 3678321 from the main proceedings under Rule 302.1 of the Rules of Procedure. The central legal principle established is that the principle of due process requires that when a new patent is added to an already pending action, the defendant must be granted the same time limit to file a statement of defense—and potentially a counterclaim for revocation—as would apply if a new action had been filed regarding that patent. During the interim hearing, Netgear conditionally withdrew certain requests subject to Huawei's agreement on an extended three-month response deadline.
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Respondent
This order concerns an application by Netgear for shortening of time limits (acceleration of appeal proceedings) under Rules 225(e) and 9.3(b) of the Rules of Procedure. Netgear had appealed an order of the Local Chamber Munich that granted Huawei's request to extend its claim to include a second European patent (EP 3678321) in the main proceedings, which originally concerned only EP 3611989. The Court of Appeal rejected the application for acceleration, holding that filing on the last day of the applicable time limits did not justify shortening, given the respondent's interests and principles of due process, even though this could result in the statement of defense being filed in the first instance proceedings before the appeal is decided.
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