Emanuela Germano
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Sumi Agro Limited, Sumi Agro Europe Limited v.Syngenta Limited
The Court of Appeal of the Unified Patent Court permitted the withdrawal of an application for rehearing filed by Sumi Agro Limited and Sumi Agro Europe Limited against Syngenta Limited concerning patent EP 2 152 073. Both parties jointly requested withdrawal following settlement discussions, and the court ordered a 60% reimbursement of the 2,500 € court fee (1,500 €) to Sumi while dismissing the remainder of their requests, including the request for a full waiver of fees.
Meril Life Sciences Pvt Ltd., Meril GmbH v.Edwards Lifesciences Corporation
This appeal concerned the determination of which party is the prevailing party under Article 69(1) of the Agreement on a Unified Patent Court following the dismissal of a claim after the defendant submitted an injunction and commitment declaration. The dispute involved European Patent EP 3 763 331 relating to a crimping device for stent-based valve prostheses. The Court of Appeal held that when a defendant commits to comply with the plaintiff's requests after proceedings have been initiated, the plaintiff is generally considered the prevailing party, as the declaration itself implies that the plaintiff's requests have been fulfilled.
Advanced Bionics Sarl , Advanced Bionics AG, Advanced Bionics GmbH v.MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.
This is an appeal order concerning the referral of an infringement action from the Local Chamber Mannheim to the Central Division Paris. Advanced Bionics sought to have the infringement case transferred to the Central Division to be heard together with a nullity action they had filed against the same patent (EP 4074373). The Court of Appeal held that a connection for related cases under Rule 340 of the Rules of Procedure cannot result in a case being referred to another chamber outside the possibilities provided by Article 33 UPCA, and that Article 33 UPCA does not permit the referral of an infringement action from a local chamber to the central chamber without the parties' consent.
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