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9 IP cases indexed. Covers patent matters.
Cases Presided Over
9 cases indexed | Page 1 of 1
Rematec GmbH & Co KG v.Europe Forestry B.V.
This is an appeal decision concerning European Patent EP 2 548 648, involving Rematec GmbH & Co KG as the appellant (plaintiff in infringement proceedings and defendant in nullity counterclaim proceedings) and Europe Forestry B.V. as the respondent (defendant in infringement and counterclaimant in nullity). The Court of Appeal addressed procedural questions regarding the need to examine dependent claims when the independent claim is upheld, the obligation to issue a final decision rather than remand, and the requirements for ordering publication of decisions under Article 80 EPGÜ. The decision establishes important principles about the scope of appellate review in combined infringement and nullity proceedings.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., against expert e-Commerce GmbH and expert klein GmbH. The appeal concerns the assessment of added matter (unzulässige Erweiterung) under Article 123(2) EPC, particularly where the patent was derived from an international application not filed in an official EPO language. The Court of Appeal addressed key legal questions regarding the role of translations of international applications and the standard for assessing disclosures in earlier applications.
ILME GmbH Elektrotechnische Handelsgesellschaft, Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that had rejected ILME's objection under R. 19.1(a) RoP in a patent infringement action concerning EP 3 602 692. Following an out-of-court settlement between the parties, the Local Division Munich allowed the withdrawal of the main infringement action on June 5, 2025. The Court of Appeal dismissed the appeal as moot under R. 360 RoP, finding that ILME no longer had any legal interest in a decision on the appeal.
Amazon Europe Core S.à r.l. , Amazon.com, Inc. v.Respondent
This procedural order concerns an appeal filed by Amazon against a decision of the Local Division Munich that had rejected Amazon's request for an unredacted version of documents and information from Nokia in a patent infringement case concerning EP 2 661 892. After the parties reached an out-of-court settlement and the Local Division Munich allowed the withdrawal of the main action, Amazon informed the Court of Appeal that the appeal had become moot. The Court of Appeal dismissed the appeal by applying Rule 360 RoP, holding that the rule applies not only when the main claim becomes moot but also when the appeal itself becomes moot.
Scandit AG v.Respondent
The Court of Appeal of the Unified Patent Court rejected Scandit AG's request for a 20% reimbursement of court fees following the withdrawal of Hand Held Products' application for interim measures. The Local Division Munich had previously issued an injunction against Scandit for indirect infringement of claims 1 and 10 of EP 3 866 051, which Scandit appealed. After the oral hearing, Hand Held Products withdrew its application for interim measures, and the Court of Appeal terminated the proceedings. Scandit sought partial reimbursement of court fees, arguing that the oral proceedings had not yet concluded because no final decision on the merits had been pronounced.
Hand Held Products, Inc. v.Respondent
The Court of Appeal issued an order concerning a withdrawal request under Rule 265.1 of the Rules of Procedure. Hand Held Products, Inc. had obtained a preliminary injunction from the Local Division Munich against Scandit AG for indirect infringement of claims 1 and 10 of European Patent EP 3 866 051. After Scandit appealed, Hand Held Products requested withdrawal of the provisional measures request, to which Scandit consented. The Court of Appeal allowed the withdrawal and declared the proceedings terminated.
Amazon.com, Inc., Amazon Europe Core S.à r.l. , Amazon EU S.à r.l. v.Respondent
This is a procedural order issued by the Court of Appeal concerning an application under Rule 262.2 of the Rules of Procedure. Amazon, the appellant and defendant in the main infringement proceedings, sought to classify certain information from its appeal and appeal brief as confidential. The disputed information relates to licensing negotiations between the parties, the defendants' business model, and details about licensees and license agreements of the plaintiff Nokia. The underlying case concerns European Patent EP 2 661 892, with the Local Division Munich having previously rejected Amazon's request for disclosure of unredacted documents on December 16, 2024.
Avago Technologies International Sales Pte. Limited v.Respondent
This decision concerns the Court of Appeal's handling of Avago's request to withdraw its infringement action and seek reimbursement of court fees following an adverse first-instance ruling. The Local Division Hamburg had dismissed Avago's infringement claim, partially revoked the patent EP 1 612 910, and ordered Avago to bear 85% of costs. Avago appealed and subsequently sought to withdraw the infringement action, with Tesla consenting. The Court of Appeal addressed the admissibility of withdrawal requests in appellate proceedings and the consequences for related auxiliary requests.
Avago Technologies International Sales Pte. Limited v.Respondent
This decision concerns the admission of withdrawal of an infringement action in appeal proceedings before the Court of Appeal. Avago had sued Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE for infringement of European Patent EP 1 612 910, and Tesla had filed counterclaims for revocation. Following a mixed first-instance ruling by the Local Division Hamburg, Avago appealed and subsequently requested withdrawal of the infringement action, to which Tesla consented. The Court of Appeal admitted the withdrawal, declared the infringement proceedings terminated, and addressed the consequences for the revocation counterclaims and the reimbursement of court fees.
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