Emmanuel Goug
36 IP cases indexed. Covers patent matters.
Cases Presided Over
36 cases indexed | Page 1 of 2
Rematec GmbH & Co KG, Poststraße 10, 84378 Dietersburg, Germ v.Patentanwälte, Rechtsanwälte, LANGUAGE OF PROCEEDINGS
This order addresses a procedural question regarding jurisdiction over a cost decision application following an appeal in a patent infringement and revocation case concerning EP 2 548 648. The Court of Appeal dismissed Rematec's application to refer its cost decision request to the Court of First Instance, holding that the Court of Appeal has no jurisdiction over cost decisions, which must be filed before the Court of First Instance. The Court found no exceptional circumstances warranting a deviation from the general rule.
Amazon.com, Inc., Seattle, Washington, USA, Amazon Technologies, Inc., Seattle, Washington, USA v.InterDigital VC Holdings, Inc., Wilmington, Delaware, USA, InterDigital Patent Holdings, Inc., Wilmington, Delaware, US
The Court of Appeal of the Unified Patent Court set aside the lower court's order that had refused Amazon's request to produce a private transcript of an oral hearing using a professional transcriber. The Court held that under Rule 115 RoP, a party may prepare a private transcript of an oral hearing with the assistance of support staff such as a stenographer working in the presence and under supervision of the party or its representative. The Court further held that such private transcripts may be used in related proceedings outside the UPC, provided specific conditions regarding clear labeling and compliance with confidentiality orders are met.
NUC Electronics Europe GmbH, WARMCOOK v.Hurom Co., Ltd. (in UPC_CoA_409/2025); NUC Electronics CO., Ltd
Three consolidated appeals before the Court of Appeal of the Unified Patent Court concerning EP 2 028 981, a patent for a juice extractor owned by Hurom Co., Ltd. The appeals challenged decisions of the Mannheim Local Division finding infringement by NUC Electronics Europe GmbH, NUC Electronics Co., Ltd (Korea), and WARMCOOK's 'AUTO10' slow juicers. The Court of Appeal addressed issues of international jurisdiction under Article 26(1) Brussels Ia Regulation, particularly regarding Turkey (a non-UPC contracting EPC member state), and held that mere access to the case file does not constitute entering an appearance.
Applicant *** v.Amycel, LLC
The Court of Appeal of the Unified Patent Court declared a second application for suspensive effect (R. 223 RoP) inadmissible. The Applicant, who was the defendant in infringement proceedings concerning EP 1 993 350, had already filed a first application for suspensive effect that was rejected on 16 January 2026. The second application, filed on 20 February 2026, raised arguments identical or very similar to those in the first application, and the court held that the Applicant failed to demonstrate that the new submissions could not reasonably have been made in the previous application.
Vivo Mobile Communication Co., Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL v.Sun Patent Trust
The Court of Appeal of the Unified Patent Court dismissed appeals by Vivo against orders of the Paris Local Division that had rejected Vivo's preliminary objections challenging the UPC's jurisdiction over FRAND-related claims. The court held that the Paris LD properly exercised its discretion in deferring the admissibility decision on the FRAND determination claim to the main proceedings, and that the panel (rather than only the judge-rapporteur) was competent to make such a deferral decision.
Hurom Co., Ltd. v.NUC Electronics Co., Ltd, NUC Electronics Europe GmbH and WARMCOOK
This is an order of the Court of Appeal concerning Hurom's application under Rule 36 of the Rules of Procedure for a further exchange of written pleadings in an appeal against a decision of the Paris Local Division that had dismissed Hurom's infringement claims and revoked parts of EP 3 155 936. The court held the application admissible but rejected it on the merits, finding that Hurom had waited two months after the Statement of Response and that the parties would have sufficient opportunity to address each other's positions at the oral hearing scheduled for 2 April 2026.
Rematec GmbH & Co KG v.Europe Forestry B.V.
This is an appeal decision concerning European Patent EP 2 548 648, involving Rematec GmbH & Co KG as the appellant (plaintiff in infringement proceedings and defendant in nullity counterclaim proceedings) and Europe Forestry B.V. as the respondent (defendant in infringement and counterclaimant in nullity). The Court of Appeal addressed procedural questions regarding the need to examine dependent claims when the independent claim is upheld, the obligation to issue a final decision rather than remand, and the requirements for ordering publication of decisions under Article 80 EPGÜ. The decision establishes important principles about the scope of appellate review in combined infringement and nullity proceedings.
VALEO SYSTEMES D’ESSUYAGE v.ROBERT BOSCH FRANCE SAS, ROBERT BOSCH GMBH, ROBERT BOSCH S.A, ROBERT BOSCH PRODUKTIE S.A, ROBERT BOSCH DOO BEOGRAD, BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.
1 ORDONNANCE DE PROCEDURE de la Cour d’appel de la Juridiction unifiée du brevet rendue le 21 janvier 2026 APPELANTE ET DEMANDERESSE A L’ACTION EN CONTREFAÇON DEVANT LE TRIBUNAL DE PREMIERE INSTANCE VALEO SYSTEMES D’ESSUYAGE, 34, RUE SAINT-ANDRE 93012 BOBIGNY CEDEX, FRANCE (ci-après dé
Applicant *** v.Amycel, LLC
The Court of Appeal of the Unified Patent Court rejected an application for suspensive effect filed by the Applicant (defendant in the underlying infringement action) against a decision by default of The Hague Local Division finding it liable for infringement of EP 1 993 350. The Applicant sought to suspend enforcement of parts of the default decision requiring it to send registered letters to customers, publish a notice on its website, and pay EUR 50,000 in interim damages. The Court held that the Applicant failed to establish exceptional circumstances justifying suspensive effect, as it did not demonstrate that the decision was manifestly erroneous or that its interest in maintaining the status quo outweighed Amycel's interest in enforcement.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Suinno Mobile & AI Technologies Licensing Oy sought leave to appeal a cost decision of the Court of First Instance (Central Division, Paris Seat) dated 6 November 2025, which ordered it to pay EUR 350,000 in costs to Microsoft Corporation following the early termination of an infringement action concerning European Patent EP 2 671 173. Suinno requested a reduction of the awarded costs to EUR 137,815.80. The Court of Appeal denied leave to appeal, finding that the awarded amount was proportionate within the applicable ceiling of EUR 600,000 and that the judge-rapporteur had conducted a thorough and detailed assessment of the recoverable costs.
Huawei Technologies Co. Ltd. v.TP-Link Systems Inc., TP-Link Deutschland GmbH, TP-Link Enterprises France SARL, TP-LINK Enterprises Netherlands B.V., TP-Link Italia S.R.L., TP-LINK Enterprises Nordic AB, Lianzhou International Co., Ltd.
This is a procedural order from the Court of Appeal concerning a file inspection request under Rule 262.1(b) of the Rules of Procedure. TP-Link sought access to certain filings and annexes submitted by Huawei and Netgear in infringement proceedings before the Local Division Munich involving EP 3 678 321, arguing a legitimate interest because Huawei was suing TP-Link for infringement of the same patent. Netgear and Huawei opposed the request, seeking its full rejection or, alternatively, limiting access to fully redacted versions of the documents.
Windhager Handelsgesellschaft m.b.H. v.bellissa HAAS GmbH
This procedural order concerns an application by Windhager Handelsgesellschaft m.b.H. for suspensive effect of its appeal against a decision of the Local Division Mannheim in a patent infringement dispute involving European Patent EP 2 223 589. The Local Division had largely upheld bellissa HAAS GmbH's infringement claims while rejecting Windhager's invalidity counterclaim. Windhager sought suspensive effect, arguing the first-instance decision contained obvious errors in its assessment of direct infringement and the dismissal of the invalidity counterclaim, and also requested a stay of the appeal proceedings pending a new invalidity action filed by LS 9 GmbH before the Central Division Milan.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Suinno sought suspensive effect under R. 223 RoP to prevent enforcement of a cost decision (R. 151 RoP) issued by the Central Division (Paris Seat) ordering it to pay €350,000.00 in costs to Microsoft following a default judgment dismissing Suinno's infringement action concerning EP 2 671 173. The Court of Appeal held that while the application was admissible, Suinno failed to demonstrate exceptional circumstances justifying suspensive effect, as it had not shown the cost decision was manifestly erroneous. The application for suspensive effect was rejected.
Industriebeteiligungs- und Beratungs GmbH, BEGA-Consult Internationale Handelsagentur GmbH & Co KG, BEGA BBK Sp. z o.o. sp. K and NEG Novex Großhandelsgesellschaft für Elektro- und Haustechnik GmbH v.Washtower IP B.V. and Washtower B.V.
This is a procedural order from the Court of Appeal concerning an appeal against an order of the Court of First Instance (The Hague Local Division) dated 11 September 2025, relating to European Patent EP 3 522 755. The appellants requested a two-week extension of the deadline for filing their Statement of Grounds of Appeal, citing professional constraints including an EPO oral hearing. The Court of Appeal granted a limited extension of three working days, extending the deadline from 26 September 2025 to 1 October 2025.
APPLE Inc. (intervener) in Sun Patent Trust v.Vivo Mobile Communication Co.,Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL
The Court of Appeal of the Unified Patent Court issued a procedural order on 23 September 2025 admitting Apple Inc. as an intervener in appeal proceedings concerning the confidentiality regime for highly confidential information (HCI). The appeals arose from Sun Patent Trust's infringement actions against Vivo, where the Paris Local Division had permitted three Vivo employees to access HCI. The Court held that Apple had a legal interest in the outcome because the HCI included information on agreements between Apple and Sun Patent, and that the potential revocation of the impugned orders could prevent further access and use of such information.
Bodycap, Centre National de la Recherche Scientifique (CNRS), Université de Rennes v.European Patent Office (EPO)
1 ORDONNANCE de la Cour d’appel de la Juridiction unifiée du brevet concernant une demande d'annulation d'une décision prise par l'Office de rejet d'une demande d'effet unitaire (R. 97 RdP) rendue le 16 septembre 2025 EN-TETE • Conformément aux dispositions de la Règle 85(2) RdP,
CeraCon GmbH v.Sunstar Engineering Inc.
The Court of Appeal of the Unified Patent Court denied CeraCon GmbH's request for discretionary review of an order refusing leave to amend its counterclaim for revocation of EP 4 108 413. CeraCon sought to introduce a new novelty attack based on EP'480, but the Court of Appeal found that CeraCon failed to demonstrate that the Court of First Instance was manifestly wrong in concluding that the amendment could have been made with reasonable diligence at an earlier stage under Rule 263.2(a) RoP.
Centripetal Limited v.Keysight Technologies Deutschland GmbH, Keysight Technologies, Inc.
Centripetal Limited sought discretionary review by the Court of Appeal of the Unified Patent Court challenging the Mannheim Local Division's refusal to allow a further exchange of written pleadings under Rule 36 RoP in an infringement action concerning EP 3 821 580. Centripetal argued the refusal was manifestly wrong because it would prevent them from addressing Keysight's newly released AI Stack software, creating a risk of res judicata. The Court of Appeal held the request was admissible but denied it, finding the lower court's exercise of discretion was not manifestly wrong given the advanced stage of proceedings and the time taken by Centripetal to bring the request.
Vivo Tech GmbH, Vivo Mobile Communication Co., Ltd., Vivo Mobile Communication Iberia SL v.Sun Patent Trust
Sun Patent Trust sought suspensive effect under Rule 223 of the Rules of Procedure to prevent the disclosure of highly confidential information (HCI) to three designated Vivo employees pending its appeal of a Paris Local Division confidentiality order in a patent infringement action concerning EP 3 852 468. The Court of Appeal held the application admissible but not well founded, finding that Sun Patent failed to establish the appeal would become devoid of purpose or that its interests outweighed Vivo's interests in timely access to the HCI for filing submissions.
Microsoft Corporation v.Respondent
Microsoft filed a request for rectification under R. 353 RoP seeking to supplement a Court of Appeal decision by default against Suinno with a notice under R. 356.3 RoP that any further decision by default would be final. The Court of Appeal dismissed the application, holding that Microsoft's request for discretionary review had not included a R. 356.3 RoP notice request, and therefore the Court was bound by the subject-matter of the proceedings as defined by the parties' requests.
OTEC Präzisionsfinish GmbH v.Respondent
Procedural order from the Court of Appeal of the Unified Patent Court concerning an application by OTEC Präzisionsfinish GmbH for further exchange of written pleadings under R. 36 RoP. The Court granted OTEC two weeks to file further written pleadings in response to new experimental evidence and arguments introduced by STEROS GPA Innovative S.L. for the first time in its Statement of Response regarding an alleged embodiment of the patent EP 4 249 647.
OTEC Präzisionsfinish GmbH v.Steros GPA Innovative S.L.
The Court of Appeal of the Unified Patent Court rejected OTEC Präzisionsfinish GmbH's application for suspensive effect of its appeal against a preliminary injunction order issued by the Hamburg Local Division. The Court held that OTEC failed to demonstrate exceptional circumstances justifying suspension, as it did not establish that the impugned order contained manifest errors or violated fundamental procedural rights.
Network System Technologies LLC v.Qualcomm Incorporated, Qualcomm Germany GmbH, Qualcomm Technologies, Inc.
This appeal concerned access to confidential information under Rule 262A RoP in three patent infringement actions brought by Network Systems Technologies LLC (NST) against Qualcomm entities before the Munich Local Division. The Court of Appeal rejected both NST's appeal seeking access for an additional US attorney (Peter Krusiewicz) and Qualcomm's cross-appeal seeking to revoke access even for the one US attorney (Daniel S. Stringfield) already granted access by the Munich LD. The Court held that the Munich LD's discretionary decision to grant access to only one trusted US attorney was not flawed, as NST failed to demonstrate that more than one US attorney was necessary.
Plant-e Knowledge B.V. v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 2 137 782. Plant-e had initiated infringement proceedings against Arkyne before The Hague Local Division, and Arkyne had filed a counterclaim for revocation. After the Local Division found infringement and rejected the revocation counterclaim, Arkyne appealed. The parties subsequently reached a settlement and jointly requested the Court of Appeal to confirm the settlement, keep its contents confidential, and Arkyne additionally sought reimbursement of 60% of the Court fees.
Hurom Co., Ltd. v.NUC Electronics Co., Ltd
The Court of Appeal of the Unified Patent Court dismissed NUC Electronics' application for suspensive effect of its appeal against a decision of the Mannheim Local Division finding infringement of EP 2 028 981. The Court held that NUC failed to demonstrate exceptional circumstances justifying suspension, particularly given that the information disclosure order under Art. 67 UPCA is a measure necessary to ensure a high level of IP protection and is subject to use restrictions already imposed by the first instance.
XSYS Italia S.r.l., XSYS Prepress N.V., XSYS Germany GmbH v.Esko-Graphics Imaging GmbH
This is an appeal before the Court of Appeal concerning a preliminary objection (R. 19 RoP) regarding the competence of the Court under the UPC Agreement. The dispute centers on whether the Court has jurisdiction to hear claims relating to acts of infringement that occurred before the entry into force of the UPCA, and the effect of an opt-out and subsequent withdrawal on the Court's competence. The appellants (XSYS entities) challenged the competence of the Court, while the respondent (Esko-Graphics Imaging GmbH) argued that the UPC has jurisdiction. The Court of Appeal addressed the temporal scope of Art. 32(1) UPCA, the transitional regime under Art. 83 UPCA, and the implications of opt-out withdrawals.
President and Fellows of Harvard College v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding the reimbursement of court fees following the withdrawal of an action. NanoString had brought a revocation action against Harvard's European Patent, which was revoked by the Court of First Instance. After Harvard appealed and NanoString subsequently withdrew the action, Harvard sought reimbursement of 60% of the appeal court fees. The Court of Appeal held that the action was withdrawn before the closure of the interim procedure rather than the written procedure, entitling Harvard to only 40% reimbursement.
Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A., ILME GmbH Elektrotechnische Handelsgesellschaft v.Respondent
This procedural order concerns ILME's request to stay the first-instance proceedings before the Local Division Munich pending the outcome of its appeal against a jurisdictional ruling. The Court of Appeal denied the stay request, finding that considerations of efficiency and the administration of justice favored seeking a prompt decision on the jurisdiction question raised under Rule 19 RoP before the main hearing scheduled for June 17, 2025, rather than suspending the first-instance proceedings.
PHOENIX CONTACT GmbH & Co. KG v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that rejected ILME's objection under Rule 19 RoP. Phoenix, the respondent, requested a three-week extension to file its response to the appeal brief. The Court of Appeal granted only a three-day extension, finding that a longer extension would contradict the principle of equality of arms and that the competence question raised should be resolved expeditiously given the pending main proceedings.
Bhagat Textile Engineers v.Oerlikon Textile GmbH & Co KG
Bhagat Textile Engineers appealed a decision of the Milan Local Division finding it had infringed Oerlikon's EP 2 145 848 patent and filed a separate application under Rule 223 RoP seeking suspensive effect of the appeal. Bhagat argued that exceptional circumstances existed due to parallel revocation proceedings involving a third party (Himson Engineering) and considerable doubts about the patent's validity. The Court of Appeal rejected the application, holding that Bhagat had failed to evidence any exceptional circumstances justifying a departure from the principle that appeals have no suspensive effect.
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