Dennis Kretschmann
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Cilag GmbH International v.RiVOLUTiON GmbH
Cilag GmbH International and Ethicon LLC sought provisional measures against German distributor RiVOLUTiON GmbH regarding the alleged infringement of their staple cartridge patent EP3689262. The UPC Court of First Instance ultimately dismissed the application for provisional measures, meaning no immediate injunction was granted. However, the court concurrently confirmed a preliminary confidentiality order and established a confidentiality club, setting procedural groundwork for future litigation.
Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
This UPC Court of Appeal decision confirmed a settlement reached between Plant-e and Arkyne regarding the infringement and revocation proceedings concerning EP 2 137 782. While the core dispute was settled, the Court issued a significant ruling on procedural matters, specifically granting Arkyne a reimbursement of 60% of its court fees. This case highlights the practical application of UPC rules governing settlements and fee refunds.
Tiroler Rohre GmbH v.SSAB Swedish Steel GmbH; SSAB Europe Oy
In this UPC case concerning provisional measures, Tiroler Rohre GmbH sought an interim injunction against SSAB entities. After a hearing, the claimant withdrew its application. The court subsequently dismissed the request and ruled that since the withdrawal did not prevent future proceedings, there was no legitimate interest for the respondents to have a decision on the matter. Consequently, the claimant was ordered to cover all procedural costs.
Stäubli Tec-Systems GmbH v.***
This UPC decision addressed a revocation action concerning EP 3 170 639 B1, which ultimately became moot when the patent holder voluntarily withdrew the patent. The court analyzed the equitable distribution of costs, noting that it is generally unfair to charge costs to a patent owner who withdraws immediately upon seeing relevant prior art presented in the lawsuit. Despite this finding regarding equity, the claimant was ordered to bear the procedural costs.
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