Erwin Wismeth
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
The Court of Appeal of the Unified Patent Court dismissed Knaus Tabbert's objection (Gegenvorstellung) against the rejection of its request for suspensive effect of its appeal. The court held that an objection under Rule 9.1 of the Rules of Procedure, which merely contests the reasoning of the rejecting order, is inadmissible, as Rule 9.1 governs procedural management measures and does not permit the alteration of final procedural orders.
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
This is a decision by the Court of Appeal of the Unified Patent Court concerning Knaus Tabbert AG's application for suspensive effect of its appeal against a first-instance decision of the Local Chamber Düsseldorf. The first-instance court had found that Knaus Tabbert infringed European Patent EP 3 356 109 (relating to a vehicle frame with foam resin structural parts) and ordered injunctive relief, recall, destruction, and provisional damages. The Court of Appeal rejected all of Knaus Tabbert's requests, holding that ordering security for enforcement is discretionary and that facts requiring such security must be raised at first instance.
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