Dennis Kretschmann
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
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.
Plant-e Knowledge B.V. v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 2 137 782. Plant-e had initiated infringement proceedings against Arkyne before The Hague Local Division, and Arkyne had filed a counterclaim for revocation. After the Local Division found infringement and rejected the revocation counterclaim, Arkyne appealed. The parties subsequently reached a settlement and jointly requested the Court of Appeal to confirm the settlement, keep its contents confidential, and Arkyne additionally sought reimbursement of 60% of the Court fees.
Tiroler Rohre GmbH v.Respondent
The Local Chamber Munich addressed the procedural consequences following the withdrawal of an application for interim measures concerning European Patent EP 2 839 083. After the applicant withdrew its request following the oral hearing, the defendants argued they had a legitimate interest in a substantive decision due to defense costs and the imminent filing of a main action. The court held that no legitimate interest existed for a decision after withdrawal, as such a decision would have no res judicata effect and could not prevent new proceedings.
STAÛBLI TEC-SYSTEMS GMBH v.***
Stäubli Tec-Systems GmbH filed a nullity action against European Patent EP 3 170 639 B1 concerning a method for controlling the speed and positioning of a tool change carriage. In response to prior art documents submitted with the nullity action, the patent proprietors disclaimed the patent, rendering the main case moot under Rule 360. The court addressed the cost allocation, holding that it would generally be inequitable to impose costs on the patent proprietor who immediately disclaims the patent in reaction to prior art first presented with the nullity complaint.
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