Emanuela Germano
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Sumi Agro Limited v.Syngenta Limited
This UPC Court of Appeal decision concerns the procedural withdrawal of an application for rehearing related to EP 2 152 073. Both parties, Sumi Agro and Syngenta, jointly requested the withdrawal, leading the court to permit it under R. 265.1 RoP. While the core dispute was dropped, the Court provided clear guidance on procedural matters, specifically confirming that joint requests for withdrawal waive the need for a cost decision but do not automatically allow for fee waivers.
Edwards Lifesciences Corporation v.Meril GmbH / Meril Life Sciences Pvt Ltd.
This UPC appellate decision focused solely on the allocation of legal costs following an initial case where the defendant submitted a declaration of cessation and undertaking. The court affirmed that while such declarations often favor the claimant, Meril was ultimately held liable for the appeal costs due to its procedural conduct in the first instance. This ruling reinforces the principle that cost allocation under Art. 69 EPGÜ considers not only the final outcome but also the degree of success or failure throughout the proceedings.
Advanced Bionics AG v.MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.
This appeal decision addresses a critical procedural issue regarding jurisdiction within the Unified Patent Court (UPC). Advanced Bionics sought to transfer an infringement case to the Central Board to coordinate proceedings with a parallel revocation action. The UPC Appeals Board rejected this request, emphasizing that Article 33 of the EPC mandates party consent for such a jurisdictional shift. This ruling reinforces the strict adherence to procedural rules over convenience in managing complex litigation.
Advanced Bionics AG v.MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.
This UPC Board of Appeal decision addressed an application by Advanced Bionics to change the proceedings language from German to English, matching the patent's language. The court ultimately denied the request, emphasizing that while factors like industry standard language (English) and the patent language are considered, they do not override considerations such as parties' domicile and existing procedural arrangements. This case reinforces the UPC's discretionary approach to language changes, requiring a careful balancing of interests rather than relying solely on technical or commercial convenience.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.