Dr Thom
49 IP cases indexed. Covers patent matters.
Cases Presided Over
49 cases indexed | Page 2 of 2
10x Genomics, Inc. v.Curio Bioscience Inc.
10x Genomics, Inc. sued Curio Bioscience Inc. for infringement of European Patent EP 2 697 391 B1, which relates to methods and products for localised or spatial detection of nucleic acids in tissue samples. The dispute concerned Curio's 'Curio Seeker Spatial Mapping KIT,' a slide-based product with spatially indexed beads used for spatial transcriptomics. The Düsseldorf Local Division found partial infringement, issuing injunctive relief, ordering information/accounting, and awarding damages, with costs split 30% to the Claimant and 70% to the Defendant.
Headwater Research LLC v.Samsung Electronics GmbH a.o.
The Düsseldorf Local Division dismissed the Defendants' application under Rule 158 RoP for security for costs in patent infringement proceedings concerning EP 3 110 069 B1. The Court held that the Defendants failed to provide sufficient evidence regarding the applicable foreign law and its application to demonstrate that enforcement of a potential cost order against the US-based Claimant would be unduly burdensome, and also failed to establish any tangible risk of insolvency.
Hologic, Inc. v.Siemens Healthineers AG, Siemens Healthcare GmbH, Siemens Healthineers Nederland B.V., and Siemens Healthcare SAS
Siemens sought an order requiring Hologic to provide security for costs (EUR 600,000 each for the infringement proceedings and the counterclaim for revocation) in a patent infringement action concerning EP 2 352 431 B1. The Düsseldorf Local Division dismissed the request, holding that Siemens failed to meet its burden of providing evidence of the applicable foreign law and its application regarding enforcement of cost orders in Massachusetts, USA, where Hologic is domiciled.
DDP Specialty Electronic Materials US, LLC. v.Greenchemicals S.R.L.
This is a preliminary procedural order issued by the Düsseldorf Local Division concerning EP 1 957 544 B1, addressing the Applicant's request to classify certain financial information as confidential under R. 262A RoP. The court granted the confidentiality order, classifying specific financial information in the Applicant's comments and Exhibit HL 15 as confidential, while rejecting the Defendant's arguments that the information was publicly available. Access was limited to the Defendant's representatives and one named administrative employee, with penalties for culpable breach.
Labrador Diagnostics LLC v.bioMérieux SA, bioMérieux Deutschland GmbH, bioMérieux Italia S.p.A., bioMérieux Austria GmbH, bioMérieux Portugal Lda., and bioMérieux Benelux BV
This is a procedural order from the Düsseldorf Local Division concerning European Patent EP 3 756 767 B1. The court exercised its discretion under Article 33(3)(b) UPCA to refer the counterclaim for revocation to the Milan Central Division, where a revocation action was already pending, while proceeding with the infringement action. The Claimant requested the referral and the Defendants did not object, leading the Panel to treat the matter as a unanimous request.
Ona Patents SL v.Apple Inc., Apple Distribution International Ltd., Apple Retail Germany B.V. & Co. KG, Apple GmbH, and Apple Retail France EURL
Procedural order issued by the Düsseldorf Local Division concerning European Patent No. EP 2 263 098 B1, addressing the bifurcation question under Article 33(3) UPCA. The court decided, with the consent of the parties, to hear both the infringement action and the counterclaim for revocation jointly under Article 33(3)(a) UPCA, citing efficiency and the benefit of having validity and infringement decided by the same panel based on a uniform interpretation of the patent.
Ona Patents SL v.Google Ireland Limited, Google Commerce Limited
Procedural order issued by the Düsseldorf Local Division of the Unified Patent Court concerning European Patent EP 2 263 098 B1. The court decided, with the consent of both parties, to hear the patent infringement action and the counterclaim for revocation jointly rather than bifurcating the proceedings. The decision was based on considerations of efficiency and the benefit of having validity and infringement decided together by the same panel for a uniform interpretation of the patent.
Per Aarsleff A/S v.IMS Robotics GmbH and IMS Robotics Nordic A/S
This case before the Düsseldorf Local Division of the Unified Patent Court concerned European patent EP 2 129 956. The Claimant (Per Aarsleff A/S) filed a patent infringement action on 20 August 2024, and the Defendants filed a counterclaim for revocation on 28 November 2024. Prior to closure of the written procedure, both parties jointly sought to withdraw their respective claims and requested partial reimbursement of court fees, with no cost decision sought by either side.
Valeo Electrification v.Magna PT B.V. & Co. KG, Magna PT s.r.o., and Magna International France, SARL
This case before the Düsseldorf Local Division concerned European Patent EP 3 320 604 B1. The Claimant, Valeo Electrification, filed a patent infringement action on 2 August 2024, and the Defendants filed a counterclaim for revocation on 8 November 2024. Prior to closure of the written procedure, both parties mutually withdrew their respective claims and counterclaims, and agreed that neither party would seek reimbursement of costs.
Valeo Electrification v.Magna PT B.V. & Co. KG, Magna PT s.r.o., and Magna International France, SARL
This case concerned European Patent EP 3 320 602 B1 before the Düsseldorf Local Division. The Claimant (Valeo Electrification) filed a patent infringement action on 2 August 2024, and the Defendants filed a counterclaim for revocation on 8 November 2024. Prior to closure of the written procedure, both parties mutually withdrew their respective claims and agreed that neither party would seek reimbursement of costs. The Court allowed both withdrawals and declared all proceedings closed.
DexCom, Inc. v.Abbott Laboratories et al.
DexCom, Inc. filed a patent infringement action against multiple Abbott entities concerning European patent EP 4 026 488 before the Düsseldorf Local Division. After the Abbott defendants filed a counterclaim for revocation, DexCom withdrew its infringement action and conditional application to amend the patent, and the defendants in turn withdrew their counterclaim. The court allowed all withdrawals, declared the proceedings closed, cancelled the scheduled oral hearing, and ordered a 60% partial reimbursement of court fees to each party for their respective actions.
Ona Patents SL v.Google Ireland Limited & Google Commerce Limited
In a patent infringement action concerning EP 2 263 098 B1 before the Düsseldorf Local Division, the Defendants (Google Ireland Limited and Google Commerce Limited) requested security for legal costs under Rule 158 RoP, arguing that the Claimant (Ona Patents SL) lacked the financial resources to cover any potential cost order. The Court granted the request in part, ordering the Claimant to provide security of EUR 500,000 within six weeks of service of the order, finding that the Claimant had failed to substantiate its financial position despite the Defendants presenting credible concerns.
Ona Patents SL v.Apple Inc., Apple Distribution International Ltd., Apple Retail Germany B.V. & Co. KG, Apple GmbH, and Apple Retail France EURL
The defendants in a patent infringement action concerning EP 2 263 098 B1 requested that the claimant, Ona Patents SL, provide security for legal costs under Rule 158 RoP. The Düsseldorf Local Division found the request well-founded, holding that the claimant, a recently founded entity with minimal share capital and no apparent financial reserves, failed to substantiate its ability to bear potential costs. The court ordered the claimant to provide security of EUR 500,000 within six weeks, rejecting the defendants' request for EUR 1.012 million and a one-week deadline.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a patent infringement action concerning EP 2 697 391 B1 before the Düsseldorf Local Division, the Claimant 10x Genomics requested that the Defendant Curio Bioscience provide security for legal costs under Rule 158 RoP. The Defendant argued the application was inadmissible, contending that Art. 69(4) UPCA only permits defendants to request security from claimants. The Court held the application admissible and well-founded, ordering the Defendant to provide security of EUR 200,000 within four weeks, and granted leave to appeal.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
This procedural order from the Düsseldorf Local Division concerns FUJIFILM Corporation's application under Rule 333 RoP to review and set aside a prior order by the Judge-Rapporteur that had rejected FUJIFILM's request to submit a further written pleading in response to new prior use allegations raised by the Kodak defendants in their Rejoinder. The Panel found the request for review admissible but dismissed it on the merits, holding that the Judge-Rapporteur had correctly balanced the risk of delay against the Claimant's interest in further written submissions.
SodaStream Industries Ltd. v.Aarke AB
SodaStream Industries Ltd., proprietor of European Patent EP 1 793 917 B1 concerning a device for carbonating liquid with pressurized gas, brought an infringement action against Aarke AB regarding its 'Aarke Carbonator Pro' sparkling water makers. The Local Division Düsseldorf found that the Defendant's product infringed Claim 1 of the patent in suit, rejecting the Defendant's Gillette defense and arguments that the claims should be limited to preferred embodiments. The Court granted injunctive relief, information orders, product surrender/recall, and an interim award of EUR 250,000 in damages, but dismissed the request for publication of the decision in public media.
SodaStream Industries Ltd. v.Aarke AB
In a patent infringement action concerning EP 1793917 before the Local Division in Düsseldorf, the Defendant (Aarke AB) requested an adjournment of the oral hearing pending the Court of Appeal's decision on its dismissed request for security for costs. The Court dismissed the request for adjournment, holding that since an order concerning security for costs is not listed in Art. 74(3) UPCA, there is no requirement to await a final order of the Court of Appeal before rendering its own decision on the merits.
SodaStream Industries Ltd. v.Aarke AB (EP 1 793 917)
This case concerns a panel review of an order dismissing a request for security for costs in a patent infringement action before the Düsseldorf Local Division. The Defendant, Aarke AB, sought security of EUR 400,000, arguing that enforcement of a UPC cost order in Israel would be impossible or unduly burdensome due to the reciprocity requirement under Israeli law. The panel dismissed the application for review, finding that the Claimant (part of the PepsiCo group) was financially capable of complying with a cost order and that no sufficient facts supported a likelihood of unenforceability, while granting leave to appeal.
Abbott Diabetes Care Inc. v.Sibio Technology Limited & Umedwings Netherlands B.V.
This case before the Düsseldorf Local Division concerned an application for provisional measures by Abbott Diabetes Care Inc. regarding European Patent EP 2 393 417 B1, directed against Sibio Technology Limited and Umedwings Netherlands B.V. The parties reached a settlement during the oral hearing, which the court confirmed pursuant to Rule 365.1 of the Rules of Procedure. The court also ordered a 20% refund of court fees to the Applicant and set the value of the application at 4,000,000 EUR.
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