Berichterstatterin
54 IP cases indexed. Covers patent matters.
Cases Presided Over
54 cases indexed | Page 1 of 2
ONWARD Medical N.V. v.Niche Biomedical, Inc.
ONWARD Medical N.V. sought interim measures against Niche Biomedical, Inc. for alleged direct and indirect infringement of European Patent EP 3 421 081 B1, which relates to a system for neuromodulation, particularly transcutaneous spinal cord stimulation. The Court of Appeal addressed key issues including the permissibility of asserting a patent in a non-registered claim form in interim proceedings, the admissibility of new auxiliary requests under R. 222 RoP, and the determination of intended use under Art. 26 EPGÜ. The appeal was dismissed, and ONWARD Medical was ordered to pay provisional costs of EUR 56,000 to Niche Biomedical.
ALPINA Coffee Systems GmbH v.CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG
ALPINA Coffee Systems appealed a decision of the Local Division Düsseldorf finding infringement of EP 3 398 487 and sought suspensive effect of the appeal. The Court of Appeal of the Unified Patent Court rejected the application, finding that ALPINA failed to demonstrate that the contested decision was evidently erroneous, that enforcement would render the appeal moot, or that fundamental procedural rights were violated, and that its arguments regarding potential double modification of the accused embodiment due to parallel proceedings were too vague and speculative.
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 is a decision of the Court of Appeal of the Unified Patent Court concerning the withdrawal of an application for interim measures related to EP 1 962 668. The applicants (Roche entities) had obtained an interim measures order from the Local Chamber Düsseldorf, which the respondents (Menarini entities) appealed. Following an out-of-court settlement, the applicants withdrew their application for interim measures, and the respondents consented. The Court of Appeal permitted the withdrawal, terminated the proceedings, and cancelled the scheduled oral hearing.
Dai Nippon Printing Co., Ltd. v.Zapp AG and Zapp Precision Metals GmbH
Provisional procedural order of the Local Chamber Düsseldorf of the Unified Patent Court concerning European Patent EP 3 805 415. The defendants filed a request under R. 262A of the Rules of Procedure for protection of confidential information, seeking to designate certain information in their pleadings and annexes as trade secrets under Article 58 UPCA. The plaintiff raised objections to the confidentiality designation, arguing the information did not require such protection.
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
The Court of Appeal of the Unified Patent Court ordered Hefei Xinhu Canned Motor Pump Co., Ltd to provide security for costs of EUR 75,000 in each of two appeal proceedings (UPC_CoA_622/2025 and UPC_CoA_623/2025) brought against Grundfos Holding A/S. The court held that under Art. 69(4) EPGÜ, only the respondent to an appeal (Berufungsbeklagter) is entitled to request security for costs, and that the risk of enforcement difficulties in China justified the order.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
This decision of the Court of Appeal concerns the consequences of the withdrawal of an appeal by the main party (STRABAG) on the appeal lodged by its intervener (Chainzone) in a patent infringement case. The court held that an intervener cannot continue an appeal independently once the supported party withdraws its appeal following an out-of-court settlement, rendering the intervener's appeal moot. Chainzone's appeal was dismissed and it was ordered to bear its own costs.
STRABAG Infrastructure & Safety Solutions GmbH v.SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H.
This case concerns the withdrawal of an appeal by the main party (Strabag) following an out-of-court settlement with the opposing party (Swarco) in a patent infringement dispute concerning EP 2 643 717, and the consequences for the appeal independently filed by the intervener (Chainzone). The Court of Appeal admitted the withdrawal of Strabag's appeal and declared Chainzone's separate appeal moot under R. 360 of the Rules of Procedure, holding that an intervener cannot continue an appeal independently once the supported party withdraws from the proceedings.
Brita SE v.Fileder Filter Systems Spolka z o.o.
Anordnung
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.
Roku International B.V. and Roku, Inc. v.Dolby International AB and Sun Patent Trust
The Court of Appeal of the Unified Patent Court rejected appeals by Roku against orders of the Local Division Munich that had dismissed Roku's objections to infringement actions brought by Dolby and Sun Patent Trust. The court held that Rule 19.1 of the Rules of Procedure provides an exhaustive list of permissible grounds for objection, that the UPC's jurisdiction under the UPCA does not infringe the division of tasks between the CJEU and national courts, and that the Administrative Committee was authorized to replace London with Milan as a division of the Central Division.
Roku International B.V. and Roku, Inc. v.Dolby International AB and Sun Patent Trust
Roku appealed orders of the Local Division Munich that had rejected its objections to the court's jurisdiction in three infringement actions brought by Dolby and Sun Patent Trust concerning three European patents. The Court of Appeal held that Rule 19.1 of the Rules of Procedure provides an exhaustive list of admissible grounds for objection, that the UPC's jurisdiction under Article 31 UPCA in conjunction with Articles 71a et seq. Brussels Ia Regulation and Article 32 UPCA does not interfere with the division of tasks between the CJEU and national courts under Articles 19 TEU and 267 TFEU, and that the Administrative Committee was authorized under Article 87(2) UPCA to replace London with Milan as a division of the Central Division. All appeals were dismissed.
Roku Inc. and Roku International B.V. v.Dolby International AB and Sun Patent Trust
The Court of Appeal of the Unified Patent Court dismissed Roku's appeals against orders of the Local Division Munich that had rejected Roku's objections to infringement actions brought by Dolby and Sun. The court upheld the admissibility of objections based on lack of jurisdiction under R. 19.1(a) RoP, confirmed the UPC's international jurisdiction under Art. 31 UPCA in conjunction with Art. 71a ff. Brussels Ia Regulation, and held that the Administrative Committee was authorized under Art. 87(2) UPCA (applied analogously) to replace London with Milan as a section of the Central Division following the UK's withdrawal from the EU.
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.
Robert Bosch GmbH v.Grizzly Tools GmbH & Co. KG et al.
The Local Chamber Mannheim of the Unified Patent Court rejected objections filed by the defendants under Rule 19 of the Rules of Procedure challenging the court's international and territorial jurisdiction over alleged infringement of European Patent EP 3 030 383 B1 in non-UPC contracting member states (Poland, Spain, and the United Kingdom). The court held that international jurisdiction was established under Article 31 UPCA, Article 71b(1), Article 4(1), and Article 63(1) of the Brussels Ia Regulation because all defendants are domiciled in Germany, and that Article 34 UPCA concerns the territorial scope of effects of decisions rather than jurisdiction.
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.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
Procedural order issued by the Local Chamber Düsseldorf concerning European Patents EP 3 398 487, EP 3 281 569, and EP 3 610 762. The court decided, with the agreement of both parties, to hear the infringement action and the counterclaim for revocation together under Article 33(3)(a) EPGÜ, making an early decision on the course of action before the conclusion of the written procedure.
STRABAG Infrastructure & Safety Solutions GmbH v.SWARCO FUTURIT Verkehrssignalsysteme GmbH (Confidentiality Order)
This is an order of the Court of Appeal of the Unified Patent Court dated August 1, 2025, concerning requests for confidentiality and access/use restrictions in an appeal arising from a patent infringement action. The court partially granted the confidentiality requests of STRABAG and its intervener Chainzone, classifying certain information and annexes as confidential trade secrets under Art. 58 EPCA, while rejecting certain requests as inadmissible because they were first raised in the appeal proceedings regarding evidence already submitted in first instance.
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
The Court of Appeal of the Unified Patent Court dismissed Knaus Tabbert's objection (Gegenvorstellung) against the rejection of its request for suspensive effect of its appeal. The court held that an objection under Rule 9.1 of the Rules of Procedure, which merely contests the reasoning of the rejecting order, is inadmissible, as Rule 9.1 governs procedural management measures and does not permit the alteration of final procedural orders.
Belkin Limited, Belkin International, Inc., Belkin GmbH v.Koninklijke Philips N.V.
This is an appeal and cross-appeal before the Court of Appeal of the Unified Patent Court concerning a coercive fine (Zwangsgeld) imposed on Belkin for non-compliance with an information order related to the infringement of Philips' European Patent EP 2 867 997. The Court of Appeal reduced the coercive fine from €46,000 to €42,000, ordered a partial refund, and adjusted the cost allocation between the parties, while rejecting the further-reaching claims of both sides.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO FUTURIT Verkehrssignalsysteme GmbH (STRABAG Infrastructure & Safety Solutions GmbH)
This order concerns an application by Chainzone Technology (Foshan) Co., Ltd., as intervener supporting defendant STRABAG, for suspensive effect of its appeal against a decision of the Local Chamber Vienna. The Court of Appeal of the Unified Patent Court rejected the application, finding that Chainzone failed to demonstrate that the first-instance decision was manifestly incorrect or that fundamental procedural rights were violated. The substantive issues regarding patent claim interpretation and infringement will be addressed in the appeal proceedings.
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
This is a decision by the Court of Appeal of the Unified Patent Court concerning Knaus Tabbert AG's application for suspensive effect of its appeal against a first-instance decision of the Local Chamber Düsseldorf. The first-instance court had found that Knaus Tabbert infringed European Patent EP 3 356 109 (relating to a vehicle frame with foam resin structural parts) and ordered injunctive relief, recall, destruction, and provisional damages. The Court of Appeal rejected all of Knaus Tabbert's requests, holding that ordering security for enforcement is discretionary and that facts requiring such security must be raised at first instance.
Stäubli Tec-Systems GmbH v.Former Patent Proprietors (EP 3 170 639)
Stäubli Tec-Systems GmbH filed a revocation action against European Patent EP 3 170 639 at the Central Division Paris. The former patent proprietors immediately acknowledged the revocation and surrendered the patent ex tunc. The Court of First Instance ordered Stäubli to bear the costs, finding that Stäubli introduced new prior art for the first time in the revocation action without prior warning. On appeal, the Court of Appeal dismissed Stäubli's appeal, confirming that Stäubli must bear the costs of both the first instance and appeal proceedings.
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.
DISH Technologies L.L.C., Sling TV L.L.C. v.AYLO PREMIUM LTD, AYLO Billing Limited, AYLO FREESITES LTD, AYLO BILLING US Corp., BROCKWELL Group LLC, BRIDGEMAZE Group LLC
The Court of Appeal of the Unified Patent Court ruled on an application by DISH Technologies L.L.C. and Sling TV L.L.C. for reimbursement of court fees following the withdrawal of their appeal. The appeal had been filed precautionarily against an order of the Local Division Mannheim requiring them to provide €800,000 in security for Aylo's procedural costs. The Court granted the alternative request, ordering reimbursement of 60% of the appeal court fees, but rejected the request for full reimbursement.
10x Genomics, Inc. and President and Fellows of Harvard College v.Vizgen, Inc.
This is a procedural order from the Local Chamber Hamburg of the Unified Patent Court in an infringement action concerning EP4108782. The court confirmed the judge-rapporteur's rejection of Harvard's third request to amend the patent, holding that under Rule 30.2 RoP, a delay of approximately three months between the reason for the amendment (the EPO Opposition Division's preliminary opinion of August 2, 2024) and the filing of the request (October 25, 2024) was too long. The court ruled that the patent proprietor's subjective expectations regarding procedural delay are irrelevant, and the question must be assessed objectively.
Hand Held Products, Inc. v.Scandit AG
This is a procedural order from the Local Chamber Hamburg of the Unified Patent Court concerning the correct date of service of a patent infringement claim. The court determined that the statement of claim filed on November 6, 2024, regarding EP 3 764 271, was served on the defendant in Switzerland on November 20, 2024, rather than the November 23, 2024 date automatically recorded by the Case Management System.
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.
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