Diese Anordnung wurde durch den Vorsitzenden
83 IP cases indexed. Covers patent matters.
Cases Presided Over
83 cases indexed | Page 2 of 3
QUANTIFICARE S.A. v.Canfield Scientific, Inc., ESTHETEC SAS, Canfield Scientific GmbH, Canfield Scientific Europe B.V., Canfield Scientific s.r.l.
Quantificare S.A. brought an infringement action before the Local Chamber Düsseldorf concerning European Patent EP 3 156 843 B1 against five defendants, who in turn filed a revocation counterclaim. The Chamber addressed the procedural question of how to proceed under Article 33(3) of the Agreement on a Unified Patent Court, which governs combined infringement and revocation proceedings. After hearing the parties, the Chamber ordered a joint hearing of both the infringement action and the revocation counterclaim under Article 33(3)(a), and instructed the Rapporteur to request the assignment of a technically qualified judge.
Shanghai International Holding Corporation GmbH (Europe) v.Aesculap AG
This is a procedural order issued by the Local Chamber Düsseldorf in proceedings concerning European Patent EP 2 892 442 B1, relating to a cutting tool of a surgical torque-transmitting instrument. The presiding judge, acting as rapporteur, set out the intended feature breakdown (Merkmalsgliederung) of patent claim 1 to be used as the basis for the oral hearing scheduled for July 1, 2025. The order also referenced a Court of Appeal decision from April 30, 2025 (Insulet v. EOFlow) regarding the scope of information sought by the applicant.
Aesculap AG v.Shanghai International Holding Corporation GmbH (Europe)
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 2 892 442 B1. The respondent requested simultaneous interpretation of the oral hearing from German into English and permission to attend the hearing via video conference. The applicant opposed the interpretation request but did not object to the respondent arranging an interpreter at their own cost, and consented to video conference participation by the respondent's representatives.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This is a procedural order issued by the Local Chamber Munich concerning European Patent No. 3 215 288, following an interim video hearing held on May 28, 2025. The dispute involves infringement claims by Heraeus against Vibrantz and a counterclaim for revocation. The order addresses procedural matters including the consolidation of formal requests, the admissibility of the revocation counterclaim for Germany, and the handling of late defendant submissions on factual and legal issues.
Shanghai International Holding Corporation GmbH (Europe) v.Aesculap AG
This procedural order concerns the addition of a technically qualified judge to the panel in interim proceedings involving European Patent No. EP 2 892 442 B1. The applicant Aesculap AG sought interim measures against Shanghai International Holding Corporation GmbH (Europe), and the respondent challenged the patent's validity on grounds of lack of novelty and inventive step. The Local Chamber Düsseldorf found it necessary and appropriate to supplement the panel with a technically qualified judge at the interim stage, given the substantive validity challenges raised and the likelihood that such a judge would also be needed in parallel main proceedings.
Rädlinger Maschinenbau GmbH v.Respondent
This procedural order concerns an application by the plaintiff, Rädlinger Maschinenbau GmbH, for an extension of deadlines under Rule 9(3) of the Rules of Procedure in a patent infringement and revocation counterclaim case concerning European Patent EP 3 770 330 B1. The court granted the extension, finding that the USB stick containing key exhibits (MW 3 to 5, MW 17, and MW 27) was only served on the plaintiff on April 15, 2025, nearly two weeks after the defendant's submissions, constituting an exceptional circumstance justifying the relief. The deadlines for the plaintiff's reply to the infringement defense and response to the revocation counterclaim were extended from May 28, 2025 to June 16, 2025.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.Alpina Coffee Systems GmbH
This procedural order from the Local Chamber Düsseldorf concerns an application for the protection of trade secrets and confidential information under Rule 262A of the Rules of Procedure. The court classified certain financial information submitted by the defendant — including employee numbers, annual revenue, and annual balance sheet totals — as confidential. Access to this information on the plaintiff's side was restricted to the plaintiff's external attorney and its Chief Financial Officer.
TP-Link Deutschland GmbH, TP-LINK ENTERPRISES FRANCE, TP-LINK Enterprises Netherlands B.V. v.Respondent
This procedural order concerns European Patent No. EP 3 186 937, with Atlas Global Technologies GmbH as plaintiff and four TP-LINK entities as defendants. The proceedings combine an infringement action and a counterclaim for revocation. With the consent of all parties, the court stayed the proceedings pursuant to Rule 295(a) of the Rules of Procedure, based on the application filed by Defendants 2 to 4 on 17 April 2025.
TP-Link Deutschland GmbH v.Atlas Global Technologies GmbH
This procedural order concerns European Patent EP 3 353 901 in an infringement action and counterclaim for revocation brought by Atlas Global Technologies GmbH against four TP-LINK entities. With the consent of the parties, the Local Chamber Düsseldorf ordered a stay of the proceedings against Defendants 2 to 4 (TP-LINK Enterprises Netherlands B.V., TP-Link Deutschland GmbH, and TP-Link Enterprises France) pursuant to Rule 295(a) of the Rules of Procedure, based on the defendants' application dated March 23, 2025.
Atlas Global Technologies GmbH v.Respondent
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 3 353 901. The plaintiff Atlas Global Technologies GmbH filed an infringement action with a counterclaim for revocation against three Vantiva entities. By agreement of both parties, the court ordered the suspension of the proceedings pursuant to Rule 295(a) of the Rules of Procedure, based on the plaintiff's application of April 9, 2025.
Heraeus Electronics GmbH & Co. KG v.Respondent
This procedural order concerns a dispute over the commencement of the reply deadline in proceedings involving European Patent No. 3 215 288. The plaintiffs (Heraeus) sought an extension of their reply deadline to May 2, 2025, arguing that members of their Confidentiality Club only gained access to the unredacted pleadings on April 1, 2025, rather than March 17, 2025 as the court had assumed. The defendant (Vibrantz) requested clarification that the defendant's reply period begins April 22, 2025 and written proceedings end no earlier than May 22, 2025. The court addressed the question of when time limits begin to run in the context of a provisional Confidentiality Club and the impact of vacation absences of its members.
Siltronic AG v.Respondent
This case concerns an order of the Local Chamber Düsseldorf regarding European Patent EP 3 212 356 B1, directed at a 'shaped saw wire with controlled curvature at bends.' The applicant, Bekaert Binjiang Steel Cord Co. & Ltd., sought evidence preservation measures against the respondents, Siltronic AG and Hinterberger GmbH & Co.KG. Respondent 1 (Siltronic AG) filed an application under Rules 197.3 and 197.4 of the Rules of Procedure seeking review of the inspection and evidence preservation order. The Chamber issued headnotes clarifying that evidence preservation orders may secure evidence of individual infringing acts, that Rule 196.1 RoP is not an exhaustive catalog of measures, and that such orders may include seizure of delivery notes and invoices where justified by the applicant's evidence preservation interest.
Epson Deutschland GmbH v.Respondent
This is a procedural order issued by the Düsseldorf Local Division concerning European Patent EP 3 605 534, which is essential for the Opus Audio Codec. The main infringement proceedings are brought by Dolby International AB against Beko Germany GmbH and Arçelik A.Ş regarding televisions and electronic devices running Android TV version 5.0 or later. The applicant, Epson Deutschland GmbH, is a defendant in a parallel infringement action before the Hamburg Local Division concerning projectors and Android TV devices, and seeks public access to the register under Rule 262.1(b) RoP.
OTEC Präzisionsfinish GmbH v.STEROS GPA INNOVATIVE S.L.
The Local Chamber Düsseldorf issued an order on March 26, 2025, in proceedings concerning European Patent EP 2 983 864 B1, relating to a method and device for surface treatment of workpieces. The applicant, OTEC Präzisionsfinish GmbH, sole proprietor of the patent, had filed an application on March 25, 2025, seeking an order for inspection and evidence preservation at the trade fair stands of the respondents at the Cologne trade fair (Köln Messe). The respondents include STEROS GPA INNOVATIVE S.L., a manufacturer of machines for drag finishing and electropolishing, and a second respondent described as a specialist dealer and customer of the first respondent.
Brodrene Hartmann A/S v.Omni-Pac Ekco GmbH Verpackungsmittel, Omni-Pac GmbH Verpackungsmittel
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 2 755 901 B1. The plaintiff Hartmann Packaging A/S (formerly Brødrene Hartmann A/S) brought an infringement action against Omni-Pac Ekco GmbH and Omni-Pac GmbH, who filed a counterclaim for revocation. The court decided, under Article 33(3)(a) EPGÜ in conjunction with Rule 37.2 of the Rules of Procedure, to hear both the infringement action and the revocation counterclaim together in a joint proceeding.
Brodrene Hartmann A/S v.Respondent
This procedural order concerns European Patent EP 2 755 901 B1 and addresses applications by both parties for leave to exchange further pleadings under Rule 36 RoP in infringement proceedings. The Local Chamber Düsseldorf denied the applications, finding that the plaintiff had failed to file a proper Rule 36 application and instead improperly introduced new arguments on equivalent patent infringement in its rejoinder to the counterclaim for revocation. The court held that the decision to allow further pleadings lies in the discretion of the Rapporteur and requires substantial reasons given the goal of conducting oral hearings within one year of filing.
Heraeus Electronics GmbH & Co. KG, Heraeus Precious Metals GmbH & Co. KG v.Respondent
This procedural order from the Local Division Munich concerns two consolidated proceedings involving Heraeus Electronics and Heraeus Precious Metals as plaintiffs against Vibrantz GmbH regarding alleged infringement of European Patent No. 3 215 288 (a metal sintering preparation) in Germany, Italy, and France. The order addresses the correction of a prior order from December 2, 2024 regarding the replacement of the counter-defendant in the revocation counterclaim proceedings, and considers an application under Rule 362 of the Rules of Procedure concerning the German part of the patent. Vibrantz had raised objections regarding the timeliness and standing of the replacement request.
Hefei Xinhu Canned Motor Pump Co., Ltd. v.Respondent
This procedural order concerns the defendant's application under Rule 36 of the Rules of Procedure for leave to file a further pleading in a patent infringement action involving EP 2 778 423 B1. The defendant sought to introduce a January 6, 2025 decision of the Chinese State Intellectual Property Office, which fully invalidated the corresponding Chinese patent CN201480013981.1 based on the same prior art references. The Local Chamber Düsseldorf, through Presiding Judge Thomas acting as Rapporteur, denied the application, finding it was filed more than six weeks after the Chinese decision without justification, that the decision was submitted only in Chinese rather than the German procedural language, and that allowing late submission would prejudice both the court's and the plaintiff's preparation for the oral hearing scheduled for March 27, 2025.
Lenovo (Singapore) Pte. Ltd. v.ASUSTek Computer Inc., ASUS Computer GmbH, ASUSTEK (UK) LIMITED
This is a procedural order issued by the Local Chamber Munich in an infringement action concerning European Patent No. 3 682 587. The plaintiff Lenovo (Singapore) Pte. Ltd. brought the action against three ASUS entities. The presiding judge scheduled an interim hearing via video conference for September 25, 2025, and an oral hearing in person for November 19, 2025, in Munich, with deadlines for parties to submit proposed topics and cost estimates.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This is a procedural order issued by the Local Division Munich in an infringement action concerning European Patent No. 3 215 288. The order reschedules the interim hearing (Zwischenanhörung) from May 23, 2025 to May 28, 2025 due to a scheduling conflict, while confirming the oral hearing date of July 1, 2025. The written proceedings are set to close on May 14, 2025, and parties may submit substantive proposals for the interim hearing until May 23, 2025.
UPC Decision UPC-001039 v.Respondent
Huawei Technologies Co. Ltd filed an application for provisional measures against three Netgear entities concerning European Patents Nos. 3 611 989 and 3 678 321 before the Local Division Munich. Following an out-of-court settlement between the parties, Huawei withdrew its application for interim measures. The single judge granted the withdrawal, terminated the proceedings, ordered each party to bear its own costs, set the dispute value at EUR 3 million, and ordered the release of the EUR 3,000,000 security deposit to Huawei's legal representatives.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt Ltd.
This cost determination proceedings order concerned the reimbursement of costs from prior interim injunction proceedings between Edwards Lifesciences Corporation and Meril GmbH and Meril Life Sciences Pvt. Ltd. The parties had agreed on the principal amounts of recoverable costs, but Edwards sought additional interest at five percentage points above the base rate under § 247 BGB from the date of filing. The court rejected the interest claim, holding that reimbursable procedural costs and expenses do not bear interest in cost determination proceedings.
Netgear Deutschland GmbH, Netgear International Limited, Netgear Inc. v.Respondent
This procedural order concerns an application by the Netgear group of companies to withdraw their action for a declaration of non-infringement against Huawei Technologies Co. Ltd regarding European Patent Nos. 3 678 321 and EP 3 611 989. The defendant had already consented to the withdrawal in parallel proceedings. The court granted the withdrawal, terminated the proceedings, set the dispute value at €1 million, and ordered reimbursement of 40% of the court fees paid, with each party bearing their own costs.
Huawei Technologies Co. Ltd v.Respondent
This case concerned an infringement action filed by Huawei Technologies Co. Ltd against three Netgear entities regarding European Patent No. 3 678 321, accompanied by a counterclaim for revocation. Both parties reached a settlement and jointly applied for leave to withdraw their respective claims. The court granted the withdrawal, terminated the proceedings, and ordered a 40% refund of the court fees paid by each party, with each side bearing its own costs.
Huawei Technologies Co. Ltd v.Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc.
This is a procedural order from the Local Chamber Munich concerning European Patent No. 3 678 321. Huawei Technologies Co. Ltd filed an infringement action against three Netgear entities, who filed a counterclaim for invalidity. Both parties agreed to have the infringement action and the invalidity counterclaim heard together before the Local Chamber Munich, and the panel concurred with this request.
Huawei Technologies Co. Ltd v.Netgear Deutschland GmbH
This is a procedural order concerning an infringement action with a counterclaim for invalidity involving European Patent No. 3 678 321. The technically qualified judge previously assigned to the case, Patrice Vidon, resigned pursuant to Article 9(2) of the Statutes. To ensure continuity of the panel's composition, the presiding judge requested the assignment of a replacement technically qualified judge effective January 1, 2025.
Snowpixie Co., Ltd. v.Respondent
This is a procedural order issued by the Local Chamber Munich concerning two combined cases (UPC_CFI_244/2024 and UPC_CFI_609/2024) involving European Patent No. 3 030 471. The plaintiff Snowpixie Co., Ltd. (Japan) sought extensions of deadlines for filing its reply to the infringement action and its response to the counterclaim for revocation. After the Rapporteur initially extended deadlines to December 23, 2024, the plaintiff's representative filed a further request on December 23, 2024 seeking an additional extension until December 27, 2024, citing the responsible attorney's ongoing medical treatment and inability to complete the briefs.
pharma-aktiva GmbH, Hofer Kommanditgesellschaft, ALDI Nord Deutschland Stiftung & Co. KG, ALDI SE & Co. KG, ALDI SÜD Dienstleistungs-SE & Co. oHG v.G. Pohl-Boskamp GmbH & C. KG
G. Pohl-Boskamp GmbH & Co. KG, a pharmaceutical company marketing the head lice treatment NYDA®, filed an application for preliminary measures against pharma-aktiva GmbH and several ALDI group entities (ALDI SÜD, ALDI Nord, ALDI SE & Co. KG, and Hofer KG) for alleged infringement of European Patent EP 1 993 363 B1, which concerns a composition for combating ectoparasites and their eggs. The applicant challenged the sale of a competing lice spray marketed as 'Vitalis Läuse Spray' in Germany and 'ACTIV MED Läusespray' in Austria. The Local Chamber Mannheim issued an order on December 20, 2024, following an oral hearing on December 12, 2024, addressing the application for interim measures under Rule 206 RoP.
Huawei Technologies Co. Ltd. v.Netgear Inc., Netgear International Limited, Netgear Deutschland GmbH
This is a procedural order issued by the Local Division Munich concerning an application for interim measures filed by Huawei Technologies against three Netgear entities. The dispute concerns European Patents Nos. 3 611 989 and 3 678 321, both declared essential to the WiFi-6 standard. The order addresses the court's jurisdiction under Art. 32(1)(a) and (c) EPGÜ to grant interim measures protecting against threatened foreign anti-suit and/or anti-enforcement injunctions, holding that such injunctions violate the European right to access to justice under Art. 47 EU Charter and the German constitutional right under Art. 2(1), 19(4) GG, and qualify as tortious acts under § 823(1) BGB.
Heraeus Electronics GmbH & Co. KG v.Respondent
This procedural order concerns infringement and nullity proceedings relating to European Patent No. 3 215 288 (a metal sintering preparation). The plaintiffs (Heraeus entities) allege patent infringement by Vibrantz GmbH in Germany, Italy, and France, while the defendant asserts prior use rights and has filed a nullity counterclaim. The order addresses multiple procedural applications, including a review of a prior refusal to allow amendment for indirect infringement of a process claim, and applications to extend both the main claim and counterclaim to cover Romania following its accession to the Unified Patent Court agreement on September 1, 2024.
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