der Lokalkammer
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 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.
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
The Court of Appeal of the Unified Patent Court ordered Hefei Xinhu Canned Motor Pump Co., Ltd to provide security for costs of EUR 75,000 in each of two appeal proceedings (UPC_CoA_622/2025 and UPC_CoA_623/2025) brought against Grundfos Holding A/S. The court held that under Art. 69(4) EPGÜ, only the respondent to an appeal (Berufungsbeklagter) is entitled to request security for costs, and that the risk of enforcement difficulties in China justified the order.
KNAPP Smart Solutions GmbH v.Becton Dickinson Rowa Germany GmbH
Procedural order from the Local Chamber Munich concerning a patent infringement action and associated revocation counterclaim regarding European Patent EP 2 133 289. The plaintiff requested a six-day extension of its deadline for filing its infringement reply, response to the revocation counterclaim, and any patent amendment request, citing mutual vacation absences and competing deadlines. The court partially granted the request, extending the deadline only to September 5, 2025, rather than the requested September 9, 2025, to avoid subsequent deadlines falling on a weekend and conflicting with the scheduled interim hearing.
Panasonic Holdings Corporation v.Xiaomi Inc. et al. and Guangdong OPPO Mobile Telecommunications Corp. Ltd. et al.
This procedural order from the Local Chamber Munich of the Unified Patent Court concerned a request by Panasonic Holdings Corporation to review the amount of court fee reimbursement following the withdrawal of its patent infringement actions against Xiaomi and OPPO entities. After an out-of-court settlement in late 2024, the parties withdrew the infringement action and counterclaims, and sought a 60% reimbursement of court fees. The presiding judge had granted only 40%, and the panel confirmed this decision, finding that the exceptionally complex nature of the dispute justified the reduced reimbursement under Rule 370.9(e).
Panasonic Holdings Corporation v.Xiaomi Inc. et al. and Guangdong OPPO Mobile Telecommunications Corp. Ltd. et al.
Panasonic Holdings Corporation filed patent infringement actions against Xiaomi and OPPO entities before the Local Chamber Munich concerning European Patent No. 3 024 163. After an out-of-court settlement at the end of 2024, the parties withdrew the infringement action and counterclaims and sought a 60% reimbursement of court fees. The rapporteur granted only 40%, and Panasonic sought review under Rule 333 EPGVerfO. The panel confirmed the 40% reimbursement, finding the case an extraordinary one under Rule 370.9(e) due to its exceptional complexity and the court's above-average workload.
DISH Technologies L.L.C., Sling TV L.L.C. v.AYLO PREMIUM LTD, AYLO Billing Limited, AYLO FREESITES LTD, AYLO BILLING US Corp., BROCKWELL Group LLC, BRIDGEMAZE Group LLC
The Court of Appeal of the Unified Patent Court ruled on an application by DISH Technologies L.L.C. and Sling TV L.L.C. for reimbursement of court fees following the withdrawal of their appeal. The appeal had been filed precautionarily against an order of the Local Division Mannheim requiring them to provide €800,000 in security for Aylo's procedural costs. The Court granted the alternative request, ordering reimbursement of 60% of the appeal court fees, but rejected the request for full reimbursement.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
The Court of Appeal of the Unified Patent Court addressed an appeal by Netgear concerning the deadline for filing a Statement of Defense after Huawei extended its infringement action to include a second patent (EP 3678321). The Court held that due process requires the defendant to have the same time to respond to an added patent as if a new action had been filed, and set the defense deadline to April 18, 2024, running from the date of the Local Division's confirmation order (January 18, 2024) rather than from the earlier judge-rapporteur's order.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
This is an appeal before the Court of Appeal of the Unified Patent Court concerning the deadline for a defendant's response after a claim extension adding a new patent (EP 3678321) to an already pending infringement action. The Court of Appeal held that due process requires the defendant to have the same time to respond to the newly added patent as if a new action had been filed, and set aside the Court of First Instance's ruling that the response period began on December 11, 2023, instead fixing the deadline at April 18, 2024.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal of the Unified Patent Court concerning Netgear's request for acceleration of appeal proceedings under Rules 225(e) and 9.3(b) of the Rules of Procedure. Netgear had appealed an order of the Local Division Munich that separated the claim based on EP 3678321 from the main proceedings under Rule 302.1. The Court of Appeal rejected Netgear's request for shortening of time limits, finding that granting it would not adequately consider Huawei's interest in adequate preparation time and would violate principles of proportionality, fairness, and equity.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal of the Unified Patent Court concerning Netgear's application for acceleration of appeal proceedings and shortening of time limits under Rules 225(e) and 9.3(b) of the Rules of Procedure. Netgear had appealed a decision of the Local Division Munich that allowed Huawei to extend its infringement claim to include a second European patent (EP 3678321). The Court of Appeal rejected Netgear's request for shortening the time limit for filing the response to the appeal, finding that granting the request would prejudice Huawei's right to adequate preparation time and would conflict with principles of proportionality, fairness, and due process.
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