Berichterstatterin Patricia Rombach
16 IP cases indexed. Covers patent matters.
Cases Presided Over
16 cases indexed | Page 1 of 1
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., which relates to a light emitting diode (LED) of the flip-chip type. The Court of Appeal upheld the Local Division Düsseldorf's finding that the patent was invalid due to added matter (unzulässige Erweiterung) because claim 1, directed to an LED with only a single mesa, extended beyond the content of the earlier application. The appeal was dismissed and Viosys was ordered to bear the costs of the appeal proceedings.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., which relates to a flip-chip type light emitting diode (LED). The Court of Appeal upheld the first instance decision from the Local Division Düsseldorf, confirming that the patent is invalid due to inadmissible extension (added matter) because the claimed LED with only a single mesa extends beyond the content of the earlier application. The appeal was dismissed and Viosys was ordered to bear the costs of the appeal proceedings.
expert klein GmbH and expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This appeal concerned European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd., relating to a flip-chip light-emitting diode (LED). The Court of Appeal reversed the first instance decision, holding that claim 1 of the patent contained an inadmissible extension of subject matter because feature 5.2 (openings near the edge of the substrate) was not clearly and unambiguously disclosed in the original application as filed. Claims 1, 4, 5, 6, and 9 were declared invalid, the infringement claims were dismissed, and Viosys was ordered to bear the costs.
Expert e-Commerce GmbH & Expert klein GmbH v.Seoul Viosys Co., Ltd.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 926 698, which relates to a flip-chip light-emitting diode (LED). The Court of Appeal overturned the first instance decision, finding that claim 1 (and dependent claims 4, 5, 6, and 9) contained an inadmissible extension of subject matter because a key feature regarding openings near the substrate edge was not clearly and unambiguously disclosed in the original parent applications. The Court declared the relevant claims invalid and rejected all infringement claims brought by Seoul Viosys.
Seoul Viosys Co., Ltd. v.expert klein GmbH & expert e-Commerce GmbH
The Court of Appeal of the Unified Patent Court issued an order on August 21, 2025, disregarding a post-hearing submission filed by Seoul Viosys Co., Ltd. after the oral hearing of July 11, 2025. Viosys had submitted a Rule 9 filing along with a post-hearing brief summarizing its arguments in response to the court's introduction. The court held that under Rule 36 RoP, further submissions require prior court approval and are not permitted after the oral hearing, when the case is ready for decision.
SharkNinja Europe Limited & SharkNinja Germany GmbH v.Dyson Technology Limited
SharkNinja sought, and Dyson agreed to, either a suspension of the cost assessment proceedings or alternatively an extension of the deadline to file a cost assessment application following the Court of Appeal's December 3, 2024 decision reversing an interim injunction and ordering Dyson to pay SharkNinja's costs. The Court of Appeal rejected both requests as inadmissible, holding that the one-month deadline under Rule 151 RoP to file a cost assessment application begins with service of the substantive decision in the main proceedings, not with service of an order on interim measures.
Fives ECL, SAS v.REEL GmbH
The Court of Appeal of the Unified Patent Court overturned a decision by the Local Division Hamburg which had held that the UPC lacked jurisdiction to quantify damages following a final national infringement judgment. The court ruled that the UPC has jurisdiction for a standalone claim for determination of damages after a national court has established patent infringement and the infringer's obligation to pay damages, and that this jurisdiction extends to infringing acts committed before the UPC Agreement entered into force on June 1, 2023, provided the European patent was still in force at that time.
SharkNinja Germany GmbH & SharkNinja Europe Limited v.Dyson Technology Limited
This is an appeal from the Court of Appeal of the Unified Patent Court concerning a preliminary injunction granted by the Local Division Munich in favor of Dyson Technology Limited against SharkNinja. The dispute centered on European Patent EP 2 043 492, directed to a hand-held vacuum cleaner with a cyclonic separating apparatus. The Court of Appeal set aside the preliminary injunction, finding that Dyson had not demonstrated on a balance of probabilities that the attacked SharkNinja embodiments infringed claim 1, specifically because the evidence did not sufficiently establish that the accused products used a cyclonic separating apparatus employing centrifugal force as required by feature 1.3 of the patent.
SharkNinja Europe Limited & SharkNinja Germany GmbH v.Dyson Technology Limited
The Court of Appeal of the Unified Patent Court dismissed SharkNinja's application to introduce new evidence (FBD 29) in appeal proceedings concerning EP 2 043 492. The evidence consisted of annexes to a brief filed by Dyson's representative in US proceedings, which SharkNinja argued was relevant to show contradictory positions taken by Dyson regarding claim interpretation. The court held that SharkNinja failed to convincingly demonstrate the relevance of the new evidence and that submissions in other proceedings do not render a party's positions in the present case contradictory.
SharkNinja Germany GmbH & SharkNinja Europe Limited v.Dyson Technology Limited
This is an order from the Court of Appeal of the Unified Patent Court concerning EP 2 043 492, a patent dispute between SharkNinja (appellant/defendant) and Dyson Technology Limited (respondent/claimant). The Court of Appeal rejected Dyson's application to disregard several grounds of appeal raised by SharkNinja, finding them sufficiently indicated in the statement of grounds. However, the court excluded two new pieces of evidence (FBD 27 and FBD 28) submitted by SharkNinja, finding they were not convincingly shown to be relevant and were submitted with undue delay.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH v.Panasonic Holdings Corporation
This is an appeal order from the Court of Appeal of the Unified Patent Court concerning applications for production of evidence under Rule 190 RoP in SEP/FRAND litigation. OPPO and OROPE appealed the Local Division Mannheim's refusal to order Panasonic to produce various license agreements. The Court of Appeal dismissed the appeals, holding that at the current stage of proceedings, the applications did not meet the requirements of necessity and proportionality, though the assessment could change at a later stage.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. & OROPE Germany GmbH v.Panasonic Holdings Corporation
The Court of Appeal of the Unified Patent Court dismissed appeals by OPPO and OROPE against orders of the Local Chamber Mannheim that had rejected their applications for production of evidence under Rule 190 RoP in patent infringement proceedings concerning 4G standard-essential patents. The court held that, at the current stage of proceedings, the applications did not meet the requirements of necessity and proportionality, but left open the possibility that a different assessment could be reached at a later stage when FRAND-related issues are addressed.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. & OROPE Germany GmbH v.Panasonic Holdings Corporation
The Court of Appeal of the Unified Patent Court dismissed appeals by OPPO and OROPE against orders of the Local Division Mannheim that had rejected their applications for production of evidence under R.190 RoP in patent infringement proceedings concerning 4G standard-essential patents. The court held that at the current stage of the proceedings, where the question of basic licensing willingness had not yet been decided, the applications did not meet the requirements of necessity and proportionality, though the assessment could differ at a later stage.
Nera Innovations Ltd. v.Xiaomi Communications Co., Ltd. and Others
Nera Innovations Ltd. appealed a decision of the Local Chamber Hamburg rejecting its request to serve the complaint on two Chinese Xiaomi entities through Xiaomi Germany. After filing the appeal, Nera sought partial withdrawal of the appeal against the two European Xiaomi entities (Netherlands and Germany), seeking to continue the appeal only against the Chinese entities. The Court of Appeal rejected the partial withdrawal, holding that Xiaomi NL and Xiaomi DE had a legitimate interest in remaining in the appeal proceedings since they had already been served and had filed responses.
Curio Bioscience Inc. v.10x Genomics, Inc.
The Court of Appeal of the Unified Patent Court set aside the order of the President of the Court of First Instance (Local Division Düsseldorf) that had rejected Curio Bioscience's request to change the language of proceedings from German to English. The appeal concerned proceedings in which 10x Genomics sought provisional measures against Curio Bioscience regarding EP 2 697 391. The Court of Appeal held that the lower court's decision was based on an incorrect interpretation of fairness under Article 49(5) EPGÜ and ordered English as the language of proceedings.
Curio Bioscience Inc. v.10x Genomics, Inc.
The Court of Appeal of the Unified Patent Court addressed Curio Bioscience's application under Rule 262A of the Rules of Procedure to restrict access to confidential information to certain persons during appeal proceedings. The court rejected the application as superfluous, holding that the Local Division Düsseldorf's final confidentiality order of March 11, 2024, which was not appealed, already extended to the appeal proceedings and adequately protected the information in question.
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