Brinkman
40 IP cases indexed. Covers patent matters.
Cases Presided Over
40 cases indexed | Page 1 of 2
Advanced Brain Monitoring, Inc. v.Koninklijke Philips N.V. Et al
This is a patent infringement action concerning European Patent EP 2 437 696 B2, owned by Advanced Brain Monitoring, Inc. (ABM), which relates to systems and methods for controlling position, particularly wearable position therapy devices for treating sleep disorders. ABM alleges that Philips' NightBalance position therapy device infringes device claims 1, 2, and 4 of the patent. The patent had previously been confirmed in amended form by the EPO Technical Board of Appeal on 25 December 2024 following opposition proceedings initiated by a Philips group member.
Adeia Guides Inc. v.The Walt Disney Company (Benelux) B.V. Et al.
This case concerned an infringement action and a counterclaim for revocation regarding European Patent EP1969839, brought by Adeia Guides Inc. against The Walt Disney Company (Benelux) B.V., Disney Interactive Studios, Inc., and The Walt Disney Company Limited. The parties reached a settlement and jointly requested withdrawal of both actions under Rule 265.1 of the Rules of Procedure, along with a 40% reimbursement of court fees. The court permitted the withdrawals, declared the proceedings closed, cancelled the scheduled oral hearing, and ordered a 20% reimbursement of court fees to each side, dismissing the request for a higher reimbursement percentage.
BTL Medizintechnik GmbH v.Lexter Microelectronic Engineering Systems S.L.
1 The Hague - Local Division UPC-CFI-1048/2025 Decision of the Court of First Instance of the Unified Patent Court issued on 16/01/2026 regarding: withdrawal Claimant 1) BTL Medizintechnik GmbH Represented by Tobias Wuttke Prinzregentenplatz 7, 81675, Munich, Germany
XXX v.Abbott Diabetes Care Inc. / MicroTech Medical (Hangzhou) Co. Ltd., et al.
1 UPC_CFI_1262/2025 UPC_CFI_ 830/2025 Order of the Court of First Instance of the Unified Patent Court Local Division The Hague delivered on 17/12/2025 concerning: access to file (R. 262.1(b)) Date of receipt of Application : 22/10/2025 APPLICANT/S 1) (Applicant) -
Advanced Cell Diagnostics, Inc. v.Molecular Instruments, Inc.
Advanced Cell Diagnostics, Inc. (ACD), a California-based company and proprietor of European patents EP1910572 and EP2500439 relating to RNAscope in situ hybridization (ISH) technology for detecting nucleic acids in individual cells, brought infringement actions against Molecular Instruments, Inc. before the Local Division The Hague of the Court of First Instance. The patents concern methods of detecting nucleic acids in individual cells and identifying rare cells from large heterogeneous cell populations using multiplex fluorescent and chromogenic ISH assays. The proceedings were heard orally on 2 October 2025, with the panel comprising Presiding Judge Edger Brinkman, legally qualified judge Alima Zana, judge-rapporteur Margot Kokke, and technically qualified judge Michael Alt.
Brita SE v.Fileder Filter Systems Spolka z o.o.
Brita SE, the registered proprietor of European Patent EP 2 131 940 B1 relating to water filter devices with locking cartridges, filed a preliminary injunction application against the Polish company Fileder Filter Systems Spółka z o.o. The defendant is part of the Fileder Group, whose German distribution subsidiary had previously been warned by Brita for alleged patent infringement and issued a cease-and-desist declaration, subsequently identifying the defendant as the supplier of the allegedly infringing water filter systems. The Local Division Hamburg issued an order on November 6, 2025, following receipt of the application on November 5, 2025.
Adeia Guides Inc. v.The Walt Disney Company (Benelux) B.V. et al
1 UPC_CFI_666/2024 UPC_CFI_ 199/2025 Procedural Order of the Court of First Instance of the Unified Patent Court Local Division The Hague delivered on 3/11/2025 concerning: order after interim conference (R. 105.5) Date of receipt of Statement of claim : 07/11/2024 The Walt Disne
Abbott Diabetes Care Inc. v.Sinocare et al.
UPC_CFI_587 22 October 2025 1 UPC_CFI_587/2025 ORDER of the Court of First Instance of the Unified Patent Court Local Division in The Hague issued on 22 October 2025 concerning EP 3 988 471 (R.211 provisional measures) APPLICANT Abbott Diabetes Care Inc. Represented by: Christ
Amycel LLC v.XXX
This is a decision by default issued by the Local Division The Hague in an infringement action brought by Amycel LLC, proprietor of EP 1 993 350 B2 relating to 'Brown mushrooms for commercial production,' against a defendant referred to as 'PL.' The defendant failed to file its Statement of Defence in time after a Rule 275 order, resulting in a default judgment. The court confirmed the orders previously given in the related provisional measures proceedings, held that the mushroom strain at issue is not excluded from patentability under Article 53(b) EPC, found infringement, and granted measures insofar as they were deemed lawful, reasonable, and sufficiently founded.
Abbott Diabetes Care Inc. v.Sinocare et al.
This is a provisional measures order from the Court of First Instance, Local Division in The Hague, concerning European patent EP4344633. Applicant Abbott Diabetes Care Inc., a market leader in continuous glucose monitoring (CGM) systems with its FreeStyle Libre product, sought provisional measures against Defendants Sinocare Inc. and A.Menarini Diagnostics s.r.l. in connection with their GlucoMen iCan CGM system. The dispute centers on an alleged infringement of Abbott's unitary patent relating to CGM technology, with Sinocare manufacturing the device and Menarini holding exclusive distribution rights in over 20 European countries.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This case concerns European Patent No. 3 215 288 B1, relating to metal sintering preparations, which is in force in Germany, France, Italy, and Romania. Heraeus Electronics GmbH & Co. KG filed an infringement action against Vibrantz GmbH, while Vibrantz filed a counterclaim for revocation along with applications for patent amendment and a decision on an absolute procedural bar. The Local Chamber Munich addressed the binding effect of a final national revocation judgment under Art. 24.1(e) of the Agreement on a Unified Patent Court, holding that in the absence of specific UPCA regulations, national law governs this question, and also examined private prior use rights in Germany, France, Italy, and Romania.
Washtower IP B.V., Washtower B.V. v.Respondent
This is a final enforcement order issued by the Court of First Instance concerning provisional measures in a patent infringement dispute involving European Patent EP35227555, owned by Washtower IP B.V. Following an earlier order of 11 September 2025, the applicants indicated their wish to enforce the injunctions, information order, penalty sums, and costs award against defendants 2-5. The Court confirmed receipt of security deposits totaling €50,000 and authorized electronic service of the final order on defendants 2-5, who had consented to service by email and waived their right to translations into German and Polish.
Cilag GmbH International, Ethicon LLC v.RiVOLUTiON GmbH
This is an order of the Court of First Instance (Local Division The Hague) concerning provisional measures under Rule 211 in a patent infringement dispute. Cilag GmbH International and Ethicon LLC, both part of the Johnson & Johnson group, are the applicants seeking provisional measures against RiVOLUTiON GmbH in relation to European Patent EP 3 689 262, which protects a staple cartridge for medical stapling devices. The patent, granted on 8 November 2023 with unitary effect registered on 15 April 2024, is a divisional of EP 2 621 360 B1, against which no opposition was filed.
Black Sheep Retail Products B.V. v.Respondent
This procedural order concerns a request by the defendant, Black Sheep Retail Products B.V. (BSRP), to deposit two physical objects (its old product and new product 2) as evidence in proceedings involving patent EP2432351. The claimant, HL Display AB, opposed the request on the grounds that the exhibits were filed late without any explanation. The Court of First Instance rejected the request, finding that BSRP failed to justify why the physical objects could not have been submitted earlier, particularly together with its statement of defence.
HL Display AB v.Black Sheep Retail Products B.V.
This is a procedural order issued by the Court of First Instance in an infringement action concerning European Patent EP2432351, owned by HL Display AB. The order addresses several preparatory matters for the oral hearing, including the appointment of a technical judge, the use of visual aids, and the rescheduling of the main hearing. The court set the value of the dispute at EUR 500,000 for both the infringement claim and the counterclaim, and rescheduled the oral hearing to 22 August 2025.
Dolby International AB v.Roku, Inc.
This case concerns an application by Sun Patent Trust for review of an order concerning interim measures against Roku, Inc. in proceedings involving European Patents EP 2 903 267 and EP 3 200 463. The dispute arose after Roku filed a lawsuit in the United States District Court for the District of Massachusetts seeking, among other things, an anti-suit injunction against Sun Patent Trust. The court addressed key questions regarding cost allocation under Rule 360 RoP, the necessity of prior cease-and-desist letters before seeking interim measures, and the circumstances under which such warnings are dispensable.
Dolby International AB v.Roku, Inc.
This order concerns an application by Dolby International AB for review of a provisional measures order against Roku, Inc. in proceedings relating to European Patent EP 3 490 258 B1. The dispute arose after Roku filed a counterclaim for invalidity in the existing infringement proceedings and subsequently initiated a US lawsuit seeking, among other things, an injunction to prevent Dolby from pursuing the UPC action. The court addressed the question of cost allocation under Rule 360 RoP, holding that a prior warning (Abmahnung) is not a prerequisite for provisional measures but that its absence may affect cost allocation, particularly when the respondent immediately offers a cease-and-desist declaration.
Scandit Inc, Scandit AG v.Respondent
Hand Held Products Inc. brought an infringement action against Scandit AG and Scandit Inc. concerning European Patent EP4163816, and Scandit filed a counterclaim for revocation. Before substantive adjudication, the parties reached a settlement and both filed applications to withdraw their respective claims. The Local Division in The Hague granted the withdrawals, closed the proceedings, and ordered reimbursement of 60% of the court fees paid by each claimant.
Heraeus Electronics GmbH & Co. KG, Heraeus Precious Metals GmbH & Co. KG v.Respondent
This procedural order from the Local Division Munich concerns two consolidated proceedings involving Heraeus Electronics and Heraeus Precious Metals as plaintiffs against Vibrantz GmbH regarding alleged infringement of European Patent No. 3 215 288 (a metal sintering preparation) in Germany, Italy, and France. The order addresses the correction of a prior order from December 2, 2024 regarding the replacement of the counter-defendant in the revocation counterclaim proceedings, and considers an application under Rule 362 of the Rules of Procedure concerning the German part of the patent. Vibrantz had raised objections regarding the timeliness and standing of the replacement request.
ASUSTEK (UK) LIMITED v.Respondent
This case concerned European Patent EP 3 490 258 B1, in which Dolby International AB filed a patent infringement action against four ASUS entities. Before the written procedure concluded, Dolby withdrew its infringement action following an out-of-court settlement, and the ASUS defendants sought to withdraw their counterclaims for revocation. Both parties agreed that each would bear their own costs and requested a 60% reimbursement of court fees. The court issued its decision in accordance with the parties' jointly expressed wishes.
Dolby International AB v.Respondent
This case concerned European Patent EP 3 490 258 B1, in which Dolby International AB filed a patent infringement action against several ASUS entities. Before the written proceedings were concluded, the parties reached an out-of-court settlement, prompting Dolby to withdraw its infringement action and the ASUS defendants to withdraw their counterclaims for revocation. The court issued an order confirming the withdrawals, that each party bears its own costs, and granting a 60% partial reimbursement of the court fees paid upon filing.
Dexcom Inc. v.Respondent
This case concerned infringement proceedings and counterclaims for revocation brought by Abbott Diabetes Care Inc. against Dexcom Inc. and Dexcom International Limited regarding European Patent EP4070727. All parties requested withdrawal of their respective claims and consented to the closure of the proceedings, with no cost decision requested. The Court of First Instance allowed the withdrawal, declared the proceedings closed, and ordered reimbursement of 20% of the court fees to the claimant, amounting to EUR 7,400, while setting the value of the cases at EUR 4,000,000.
P.T.S. Machinery B.V. v.Mammoet Holding B.V.
The Hague - Local Division UPC_CFI_16/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/01/2025 regarding the preserving of evidence APPLICANT Mammoet Holding B.V. (Applicant) Karel Doormanweg 47 - 3115 JD - Schiedam – NL Represented
Huawei Technologies Co. Ltd v.Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc.
This is a procedural order from the Local Chamber Munich concerning European Patent No. 3 678 321. Huawei Technologies Co. Ltd filed an infringement action against three Netgear entities, who filed a counterclaim for invalidity. Both parties agreed to have the infringement action and the invalidity counterclaim heard together before the Local Chamber Munich, and the panel concurred with this request.
Koninklijke Philips N.V. v.Respondent
This order concerns enforcement proceedings following a main decision of September 13, 2024, in which the Local Chamber Munich found the Belkin defendants liable for patent infringement of EP 2 867 997 B1 and ordered them to provide information under Article 67 EPGÜ. The court addressed two key issues: whether the claimant's request for information in electronic form was sufficiently specific, and the nature of coercive penalties under Article 82 EPGÜ. The court held that electronic form must be specifically requested, and that coercive penalties serve both coercive and punitive functions.
Heraeus Electronics GmbH & Co. KG v.Respondent
This procedural order concerns infringement and nullity proceedings relating to European Patent No. 3 215 288 (a metal sintering preparation). The plaintiffs (Heraeus entities) allege patent infringement by Vibrantz GmbH in Germany, Italy, and France, while the defendant asserts prior use rights and has filed a nullity counterclaim. The order addresses multiple procedural applications, including a review of a prior refusal to allow amendment for indirect infringement of a process claim, and applications to extend both the main claim and counterclaim to cover Romania following its accession to the Unified Patent Court agreement on September 1, 2024.
Arkyne Technologies S.L. v.Plant-e Knowledge B.V.
The Court of First Instance of the Unified Patent Court (Local Division The Hague) found European Patent EP 2 137 782, owned by Plant-e Knowledge B.V. and relating to a device and method for converting light energy into electrical energy using living plants in microbial fuel cells, to be valid and infringed by equivalence by Arkyne Technologies S.L. (trading as Bioo). The court applied a four-question test for assessing infringement by equivalence and ordered Bioo to cease infringement, recall infringing products, provide information, publish a corrective notice on its website, pay provisional damages of EUR 35,000, and pay penalties for non-compliance.
Plant-e B.V., Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
The Court of First Instance of the Unified Patent Court (Local Division The Hague) ruled that European Patent EP 2 137 782, owned by Plant-e Knowledge B.V. and relating to a device and method for converting light energy into electrical energy using living plants, is valid and infringed by Arkyne Technologies S.L. (trading as Bioo). The court found infringement by equivalence and ordered Bioo to cease infringing activities, provide information, publish a recall notice on its website, pay provisional damages of EUR 35,000, and pay penalties for any further infringement.
MAARS FRANCE, MAARS PROJECTEN B.V., MAARS HOLDING B.V., MAARS PARTITIONING SYSTEMS B.V. v.Respondent
1 The Hague - local division UPC_CFI_455/2024 App_52709/2024 ORDER of the Court of First Instance of the Unified Patent Court delivered on 17 December 2024 regarding R. 158 APPLICANT/S 1) MAARS HOLDING B.V. - Newtonweg 1 - 3846 BJ - Harderwijk, Gelderland - NL Represented by Martin
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This procedural order concerns the handling of confidential information in a patent infringement dispute involving European Patent No. 3 215 288. The defendant Vibrantz GmbH sought to classify certain redacted text passages and unredacted exhibits as confidential, restricting access to a limited number of persons. The claimants Heraeus partially contested the need for protection, arguing that some information had already been disclosed in national proceedings and requesting access for five named individuals. The court addressed the scope of confidentiality protection and the number of persons permitted to access the sensitive recipe/formulation information.
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