Dr Thom
49 IP cases indexed. Covers patent matters.
Cases Presided Over
49 cases indexed | Page 1 of 2
beMatrix NV v.Yaham Recience Technology Co., Ltd.
beMatrix NV, the proprietor of European Patent No. 3 757 442 B1 concerning a display module for temporary exhibition stands, applied for provisional measures against Yaham Recience Technology Co., Ltd. before the Düsseldorf Local Division, alleging that Yaham's "Sytaq RA" modular LED display system infringed the patent. After Yaham's CEO declined to cooperate when approached at the EuroShop trade fair in Düsseldorf, the court granted the preliminary injunction ex parte. The court subsequently issued a rectification order on the same day to correct a clerical error that had mistakenly named the Applicant instead of the Defendant in the operative paragraph.
Leap Tools Inc. v.Wizart Inc.
The Düsseldorf Local Division dismissed the Defendant's request for security for legal costs under R. 158 RoP in proceedings concerning EP 3 859 566. The Defendant, Wizart Inc., sought at least EUR 300,000 in security, arguing that the Claimant, Leap Tools Inc., is a Canadian company with no UPC presence and limited annual revenue. The Court held that the Defendant failed to meet its burden of substantiation, as it neither addressed applicable Canadian law regarding enforcement of foreign judgments nor demonstrated that the Claimant's financial position raised legitimate concerns about recoverability of costs.
Electronics and Telecommunications Research Institute (ETRI) v.Hisense Gorenje Germany GmbH a. o.
The claimant, Electronics and Telecommunications Research Institute (ETRI), filed an infringement action before the Düsseldorf Local Division concerning European Patent EP 3 258 692 B1 against multiple Hisense and Gorenje entities. Following a settlement, the claimant applied to withdraw the action, with all parties consenting and agreeing to bear their own costs. The court permitted the withdrawal, set the value in dispute at €2,500,000, and ordered reimbursement of 60% of the court fees (€14,400) to the claimant.
Labrador Diagnostics LLC v.bioMérieux SA and Others
Labrador Diagnostics LLC brought an infringement action against bioMérieux SA and five of its European subsidiaries concerning European patent EP 3 756 767 B1, which relates to instruments and methods for detecting biological analytes. The Düsseldorf Local Division bifurcated the case, referring the counterclaim for revocation to the Milan Central Division, which amended the patent to maintain only two claims. The court dismissed the infringement action, finding no direct or indirect infringement of the amended claims by the challenged VIDAS 3 instrument and related reagent strips and Solid Phase Receptacles, and ordered the Claimant to bear the costs.
Electronics and Telecommunications Research Institute (ETRI) v.Shenzhen Transsion Holdings Co, Ltd a.o.
A patent infringement action concerning European patent EP 3258692 was filed by Electronics and Telecommunications Research Institute (ETRI) against eight defendants, including Shenzhen Transsion Holdings and related entities. The claimant subsequently applied to withdraw the action against all defendants before the closure of the written procedure. The Düsseldorf Local Division permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the court fees to the claimant.
Align Technology, Inc. v.Angelalign Technology Inc. a.o.
This is a procedural order from the Düsseldorf Local Division concerning an application for provisional measures based on European Patent EP 4 346 690 B1. The Defendants sought leave to appeal a prior procedural order of 16 December 2025, which had directed the Court to disregard non-infringement arguments submitted in the Defendants' Rejoinder. The Court denied leave to appeal, finding that the order was a valid exercise of its procedural discretion under Rules 9 and 209.1(a) RoP and was closely connected to the specific circumstances of the case.
Headwater Research LLC v.Apple Inc. a. o.
Headwater Research LLC filed a patent infringement action against several Apple entities concerning European Patent EP 3 107 243 B1, and the Apple defendants filed a counterclaim for revocation. Prior to closure of the written procedure, the claimant withdrew the infringement action and the defendants withdrew the counterclaim for revocation, with both parties agreeing to bear their own costs and requesting reimbursement of 60% of court fees. The Düsseldorf Local Division allowed the withdrawals, declared the proceedings closed, and ordered each party to bear its own costs with 60% reimbursement of court fees.
LiNA Medical AG v.Schultz Medical (UK) Ltd.
LiNA Medical AG, the registered proprietor of European Patent EP 2 593 025 B1 relating to a disposable laparoscopic morcellator, filed an urgent application before the Düsseldorf Local Division for the preservation of evidence and inspection against Schultz Medical (UK) Ltd. The application sought to inspect and analyze the Defendant's 'MORCELLIX' product being exhibited at the MEDICA trade fair in Düsseldorf, which the Applicant suspected of being a slavish copy of its LiNA Xcise™ product. The Court granted the application, ordering an inspection and evidence preservation procedure to be carried out by an independent expert at the Defendant's exhibition booth, subject to confidentiality measures.
LiNA Medical AG v.Tonglu Qianyan Medtech Co., Ltd.
LiNA Medical AG, proprietor of European Patent EP 2 593 025 B1 relating to a laparoscopic morcellator, filed an application for preservation of evidence and inspection against Tonglu Qianyan Medtech Co., Ltd. before the Düsseldorf Local Division. The Applicant sought measures at the Defendant's exhibition booth at the MEDICA trade fair in Düsseldorf, suspecting that the Defendant's exhibited disposable morcellator was a slavish copy of LiNA's Xcise™ product and infringed the patent. The Court granted the application, ordering an inspection and preservation of evidence procedure to be carried out by an independent expert, subject to confidentiality measures.
American Wave Machines, Inc. v.Surftown GmbH a.o.
Procedural order from the Düsseldorf Local Division concerning EP 2 728 089 B1, addressing the Defendants' application for review under R. 333.1 RoP of a case management order that had dismissed their requests to extend time periods for filing a Rejoinder, a Reply to the Defence to the Counterclaim for Revocation, and a Defence to the Claimant's Application to amend the patent-in-suit. The court found the request for review admissible but unfounded, holding that the Defendants failed to demonstrate any hindrance or complication of legal defence warranting an extension, and that merely having less time than the opposing party does not constitute compelling reasons for extending statutory deadlines.
Align Technology, Inc. v.Angelalign Technology Inc. a. o.
The Düsseldorf Local Division dismissed the Defendants' request for security for legal costs in provisional measures proceedings concerning European Patent EP 4 346 690 B1. The court held that the Defendants failed to meet their burden of substantiation regarding the alleged difficulty of enforcing a costs order in the United States, as their reliance on a prior Munich Local Division order was insufficient to establish facts specific to this case.
Ona Patents SL v.Google Ireland Limited o.a.
Procedural order from the Düsseldorf Local Division concerning EP 2 263 098 B1, addressing the admissibility of the Claimant's unsolicited submission of 1 September 2025. The court admitted the translation of main requests and clarifications regarding direct infringement auxiliary requests, but rejected as inadmissible the new auxiliary requests concerning indirect infringement, finding that the Claimant failed to justify late filing under R. 36 RoP.
Ona Patents SL v.Google Ireland Limited o.a.
Procedural order from the Düsseldorf Local Division concerning EP 2 263 098 B1, in which the Claimant Ona Patents SL sought review of a case management order regarding the scheduling of an interim conference. The Claimant argued that an interim conference was needed to discuss the relevance of arguments from related proceedings against other defendants that had been settled. The court dismissed the request as admissible but unfounded, holding that the decision to hold an interim conference lies within the discretion of the Presiding Judge and that the terminated parallel proceedings are legally independent of the present case.
Headwater Research LLC v.Samsung Electronics Co. Ltd. et al.
This is a rectification order issued by the Local Division Düsseldorf on 2 October 2025 in patent infringement proceedings concerning European patent EP 3 110 072 B1. The court, on its own motion, corrected paragraph 6 of its earlier order dated 29 September 2025 to fix a clerical error and a calculation error, directing the Registrar to reimburse the Claimant 60% of the court fees paid, amounting to €14,400.
Headwater Research LLC v.Samsung Electronics GmbH and Others
This case concerned European Patent EP 3 110 069 B1 before the Düsseldorf Local Division. Following a 30 July 2025 decision that dismissed the infringement action and revoked the patent to the extent of claim 1, the Defendants withdrew their counterclaim for revocation and the related cost application before the appeal period expired. With the Claimant's consent, the Court allowed the withdrawal, declared the proceedings closed, and ordered each party to bear their own costs regarding the counterclaim.
Headwater Research LLC v.Samsung Electronics Co. Ltd. o.a.
Headwater Research LLC filed a patent infringement action against five Samsung entities before the Local Division Düsseldorf concerning European patent EP 3 110 072 B1. Before the closure of the written procedure, the Claimant withdrew the infringement action, and the Defendants consented to the withdrawal and the proposed cost decision. The Court allowed the withdrawal, declared the proceedings closed, ordered each party to bear its own costs, set the value in dispute at €2,000,000, and directed the Registrar to reimburse 60% of the court fees paid.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
This case concerned European Patent EP 3 110 069 B1, in which Headwater Research LLC had initially brought an infringement action against multiple Samsung entities, who filed a counterclaim for revocation. By decision of 30 July 2025, the Court dismissed the infringement action and revoked the patent to the extent of claim 1. Before the appeal period expired, the Claimant withdrew the infringement action with the Defendants' consent, and the Court allowed the withdrawal, declared the proceedings closed, and ordered each party to bear their own costs.
Labrador Diagnostics LLC v.bioMérieux SA et al.
Procedural order issued by the Düsseldorf Local Division summoning the parties to an oral hearing in a patent infringement action concerning European patent EP 3 756 767 B1. The order sets the hearing date for 27 November 2025 and closes the written procedure by 7 November 2025, with no interim conference currently planned.
Ona Patents SL v.Apple Inc., Apple Distribution International Ltd., Apple Retail Germany B.V. & Co. KG, Apple GmbH, and Apple Retail France EURL (with Ekahau Oy as Counter-Defendant 2)
This order concerns the reimbursement of court fees following the withdrawal of both a patent infringement action and a counterclaim for revocation related to European Patent EP 2 263 098 B1. The Claimant (Ona Patents SL) withdrew its infringement action, and the Defendants (Apple entities) withdrew their counterclaim for revocation. The Düsseldorf Local Division ordered a 40% reimbursement of court fees paid in relation to the counterclaim for revocation, amounting to €8,000.
Ona Patents SL v.Apple Inc. and Others
Ona Patents SL filed a patent infringement action against several Apple entities regarding EP 2 263 098 B1, and the Apple defendants filed a counterclaim for revocation. Prior to the closure of written proceedings, Ona Patents withdrew its infringement action, and the defendants agreed to the withdrawal. The Düsseldorf Local Division ordered a 40% reimbursement of court fees to the claimant and released the security for costs previously provided by the claimant.
Ona Patents SL v.Google Ireland Limited a.o.
This is a corrigendum order issued by the Düsseldorf Local Division of the Unified Patent Court on 10 September 2025, correcting a prior confidentiality order of 9 September 2025. The order classifies certain contract documents and internal company information related to the patent transfer chain, submitted by the Claimant Ona Patents SL in its brief dated 20 August 2025, as confidential. Access to the unredacted versions of the brief and exhibits KAP 21 to KAP 33 is restricted to authorized representatives and specified individuals on the Defendants' side.
Google Commerce Limited & Google Ireland Limited v.Ona Patents SL (Confidentiality Order)
This is a confidentiality order issued by the Düsseldorf Local Division concerning EP 2 263 098 B1 in proceedings between Ona Patents SL (Claimant) and Google Ireland Limited and Google Commerce Limited (Defendants), with Ekahau Oy as Counter-defendant. The court dismissed the Defendants' request to limit the scope of the Claimant's confidentiality request, finding that the documents in question related to third parties bound by confidentiality clauses and internal business documents not fully disclosed to the public. The court also declined to permit disclosure of the confidential information to the District Court of Munich I in a parallel case between the same parties.
Ona Patents SL v.Apple Inc. and Others
Ona Patents SL filed a patent infringement action against several Apple entities concerning European Patent EP 2 263 098 B1 before the Düsseldorf Local Division. The Apple defendants filed a counterclaim for revocation, but prior to the closure of the written procedure, Ona Patents withdrew its infringement action and the defendants withdrew their counterclaim for revocation. The court allowed both withdrawals, cancelled the scheduled oral hearing, declared the proceedings closed, and noted that no cost decision was required as the parties agreed to bear their own costs.
Hologic, Inc. v.Siemens Healthcare GmbH, Siemens Healthineers Nederland B.V., Siemens Healthcare SAS, Siemens Healthineers AG
Procedural order issued by the Düsseldorf Local Division concerning European Patent No. EP 2 352 431 B1 in infringement and revocation proceedings. The Defendants (Siemens entities) applied under R. 262A RoP for protection of confidential information regarding the design, components, and functioning of the attacked embodiments and certain exhibits. The Claimant (Hologic, Inc.) did not challenge the confidentiality of the information or object to the scope of the order, and the court granted the application.
American Wave Machines, Inc. v.Surftown GmbH, WhiteWater Era GmbH, WhiteWater West Industries Ltd., Endless Surf Ltd.
This is a procedural order from the Düsseldorf Local Division concerning European Patent EP 2 728 089 B1, dealing with the protection of confidential information under R. 262A RoP. The Claimant, American Wave Machines, Inc., is involved in infringement actions and counterclaims for revocation against four Defendants. The court amended its prior order of 1 August 2025 to classify certain technical details of the challenged embodiment as confidential and to restrict access to unredacted versions of the parties' briefs and exhibits.
Sanofi Biotechnologies SAS and Regeneron Pharmaceuticals Inc. v.Amgen Inc. and Others
This is a procedural order from the Düsseldorf Local Division concerning European patent EP 4 252 857. The Claimants (Sanofi and Regeneron) requested a stay of the infringement proceedings and counterclaim for revocation pending the outcome of an appeal in a related case (UPC_CFI_505/2024) concerning patent EP 3 536 712. The Court granted the stay, finding that the infringement question in the present case involves the same factual and legal questions as the related case, and that a stay would conserve judicial and party resources.
Ona Patents SL v.Google Commerce Limited, Google Ireland Limited
Procedural order issued by the Düsseldorf Local Division concerning European patent EP 2 263 098 B1 in a patent infringement action and counterclaim for revocation. The court identified ambiguities in the Claimant's submissions regarding the ownership of the patent in suit, particularly concerning the validity of three alleged patent assignments and the authorization of signatories. The Claimant was ordered to provide clarifications and supporting documents by 20 August 2025, with Defendants given until 3 September 2025 to respond.
Headwater Research LLC v.Samsung Electronics Benelux B.V., Samsung Electronics Co. Ltd., Samsung Electronics France S.A.S., Samsung Electronics GmbH
Headwater Research LLC brought an infringement action against four Samsung entities concerning European Patent EP 3 110 069 B1, which relates to wireless end-user devices controlling application network access based on background/foreground states. Samsung counterclaimed for revocation. The Düsseldorf Local Division revoked the patent to the extent of claim 1 due to added matter extending beyond the content of the earlier application as filed, dismissed the infringement action, and ordered Headwater to bear the costs.
N.V. Nutricia v.Nestlé Health Science (Deutschland) GmbH
This case before the Local Division Düsseldorf concerned European Patent EP 2 359 858 B1, which was finally revoked during the proceedings. The Claimant (N.V. Nutricia) sought closure of both the infringement action and the counterclaim for revocation, while the parties disputed the value of the dispute. The Court set the value of the infringement action at €250,000 and the counterclaim for revocation at €500,000, ordered the Claimant to bear the costs of both proceedings, and granted a 60% reimbursement of court fees to the Claimant.
DDP Specialty Electronic Materials US, LLC. v.Greenchemicals S.R.L.
This case concerned an application for provisional measures filed by DDP Specialty Electronic Materials US, LLC. against Greenchemicals S.R.L. before the Düsseldorf Local Division of the Unified Patent Court in relation to European Patent EP 1 957 544 B1. The applicant withdrew its application for preliminary measures with the defendant's consent, and the court permitted the withdrawal, closed the proceedings, cancelled the scheduled oral hearing, and ordered reimbursement of 60% of the court fees paid by the applicant.
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