Dennis Kretschmann
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Cilag GmbH International and Ethicon LLC v.RiVOLUTiON GmbH
Cilag GmbH International and Ethicon LLC (part of the Johnson & Johnson group) sought provisional measures against RiVOLUTiON GmbH, a German distributor of medical products, alleging infringement of European patent EP 3 689 262 relating to staple cartridges for surgical stapling devices. Cilag argued that Rivolution's distribution of infringing products from Bluesail Medical and David Medical, as well as its planned Bariatric Study using these products, constituted patent infringement. The Court of First Instance of the Unified Patent Court, Local Division The Hague, dismissed the application for provisional measures and ordered Cilag to pay EUR 80,000 in interim costs to Rivolution.
Arkyne Technologies S.L. v.Plant-e Knowledge B.V. and Plant-e B.V.
Arkyne Technologies appealed a decision of the Hague Local Division that found it had infringed EP 2 137 782 and rejected its counterclaim for revocation. Before the written procedure closed, the parties reached a settlement, which the Court of Appeal confirmed pursuant to Rule 365 RoP. The Court also ordered reimbursement of 60% of the appeal court fees paid by Arkyne, in accordance with Rule 370.9(b)(i) RoP.
Tiroler Rohre GmbH v.SSAB Swedish Steel GmbH & SSAB Europe Oy
This case before the Local Chamber Munich concerned an application for provisional measures filed by Tiroler Rohre GmbH regarding EP 2 839 083 against SSAB Swedish Steel GmbH and SSAB Europe Oy. After the oral hearing where the court indicated concerns about granting the order, the applicant withdrew the application. The court permitted the withdrawal, declared the proceedings terminated, and ordered the applicant to bear all procedural costs including the costs of the protective letter filed by the defendants.
Stäubli Tec-Systems GmbH v.Patent Proprietors of EP 3 170 639 B1
Stäubli Tec-Systems GmbH filed a nullity action against European Patent EP 3 170 639 B1 before the Central Division Paris of the Unified Patent Court. In response to prior art documents first submitted with the nullity complaint, the patent proprietors acknowledged the nullity claim and surrendered the patent in full. Both parties declared the main proceedings moot under Rule 360 RoP. The court held that it is generally unfair to impose costs on a patent proprietor who immediately surrenders the patent in reaction to prior art first presented with the nullity action, and ordered the plaintiff to bear the costs while granting a 60% refund of court fees.
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