Erwin Wismeth
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Yellow Sphere Innovations GmbH v.Knaus Tabbert AG
This UPC decision addresses a procedural challenge ('Gegenvorstellung') brought by Knaus Tabbert against the Appeal Court's rejection of its request for interim relief. The court ruled that such a counter-submission is inadmissible if it only disputes the reasoning of the rejecting order, not the merits itself. This ruling reinforces strict procedural boundaries within the UPC system regarding appeals and motions for provisional measures.
Yellow Sphere Innovations GmbH v.Knaus Tabbert AG
This UPC Board of Appeal decision addresses an application for interim relief concerning patent infringement. The court ruled that the requirement for a security deposit to ensure enforcement is not automatic and must be assessed on a case-by-case basis by the lower court. The ruling emphasizes that parties should raise all relevant facts, including financial vulnerabilities, during the initial proceedings rather than relying solely on them in an appeal.
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