Claus Elmeros
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
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.
NUC Electronics Europe GmbH & WARMCOOK v.Hurom Co., Ltd. (UPC_CoA_409/2025); NUC Electronics Co., Ltd
Three consolidated appeals before the Court of Appeal of the Unified Patent Court concerning EP 2 028 981, a patent for a juice extractor owned by Hurom Co., Ltd. The appeals challenged decisions of the Mannheim Local Division finding infringement by NUC Electronics Europe GmbH, NUC Electronics Co., Ltd (Korea), and WARMCOOK's 'AUTO10' slow juicers. The Court of Appeal addressed issues of international jurisdiction under Article 26(1) Brussels Ia Regulation, particularly regarding Turkey (a non-UPC contracting EPC member state), and held that mere access to the case file does not constitute entering an appearance.
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