Edger Brinkman
37 IP cases indexed. Covers patent matters.
Cases Presided Over
37 cases indexed | Page 2 of 2
Dexcom International Limited v.Abbott Diabetes Care Inc.
In a procedural order concerning an infringement action against EP4070727, the UPC granted Dexcom International Limited leave to amend its counterclaim. Dexcom sought a declaration that their G7-System and G7-Receiver did not infringe the patent after Abbott narrowed its initial claims. The court ruled in favor of Dexcom, accepting that they could not have reasonably anticipated Abbott's claim withdrawal at the outset, thereby allowing them to seek legal certainty regarding non-infringement.
Dexcom International Limited v.Abbott Diabetes Care Inc.
In a procedural order concerning an infringement action against Abbott Diabetes Care Inc., the UPC granted Dexcom International Limited leave to amend its counter claim. The amendment sought a declaration that the G7-System and G7-Receiver fall outside the scope of protection of EP 4070727 B1. The court found that Dexcom's timing was reasonable, as they were responding to Abbott's subsequent withdrawal of claims against those specific products, setting a precedent for procedural flexibility in UPC litigation.
Amycel LLC v.Defendant (unnamed)
Amycel LLC successfully obtained provisional measures from the UPC CFI regarding its patent on a hybrid mushroom strain (BR06). The court granted an interim injunction against the unnamed defendant to prevent infringement in key territories, provided Amycel deposited EUR 200,000.00 as security. This decision reinforces the enforceability of plant/microorganism patents within the UPC framework and provides immediate relief for biotech innovators.
Amycel LLC v.Szymon Spyra
This procedural order addressed a request for simultaneous interpretation during preliminary injunction proceedings in the UPC. The individual defendant, Szymon Spyra, requested Polish-English interpretation due to language concerns. Although the Court affirmed the right of parties to be heard, it rejected the request for court-funded interpretation (R. 109.1 RoP). Instead, the Defendant was permitted to arrange and pay for his own interpreter (R. 109.4 RoP), emphasizing that costs are generally borne by the party requesting non-official language support.
Huawei Technologies Co. Ltd v.NETGEAR Deutschland GmbH, Netgear Inc., and Netgear International Limited
In a procedural ruling concerning the infringement of EP3611989, Huawei sought court orders to introduce and protect a confidential license agreement with Amazon. The Local Chamber confirmed these provisional measures, granting strict secrecy protection for the document. Crucially, the court also allowed the use of this sensitive licensing information in related split proceedings, balancing commercial needs with IP confidentiality.
Huawei Technologies Co. Ltd v.Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc.
This UPC decision addressed a procedural dispute regarding the disclosure of a confidential Qualcomm licensing agreement relevant to an ongoing Wi-Fi infringement case. Despite the court dismissing both sides' requests for mandatory disclosure, it issued comprehensive protective orders. These rulings emphasize the importance of balancing litigation needs with the protection of trade secrets in high-tech patent disputes.
Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
In a procedural order, the UPC Local Division The Hague decided to proceed with both an infringement action and a counterclaim for revocation concerning patent EP2137782. This decision was made to ensure procedural expediency and allow for a uniform interpretation of the patent by the same panel. This ruling highlights the court's preference for integrated proceedings when parties agree, avoiding potential delays associated with bifurcating cases.
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