Gillet
28 IP cases indexed. Covers patent matters.
Cases Presided Over
28 cases indexed | Page 1 of 1
BTL Medizintechnik GmbH v.Lexter Microelectronic Engineering Systems S.L.
This procedural order concerns the reimbursement of court fees following the withdrawal of a patent infringement action. The Claimant, BTL Medizintechnik GmbH, had filed an infringement action regarding EP 4 426 414 against the Defendant, Lexter Microelectronic Engineering Systems S.L., and subsequently withdrew the action. The Court ordered the Registrar to reimburse the Claimant 60% of the court fees (6,600 EUR) pursuant to Rule 370.9 RoP (2025), as the action was terminated before the closure of the written procedure.
VALEO SYSTEMES D’ESSUYAGE v.ROBERT BOSCH DOO, ROBERT BOSCH FRANCE S.A.S., ROBERT BOSCH GmbH, ROBERT BOSCH S.A., ROBERT BOSCH PRODUKTIE S.A., BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.
1 Division Locale de Paris UPC_CFI_1963/2025 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 23 mars 2026 (R333 RdP révision d’une ordonnance) ENTETE La condition fixée par l’article 33.1(b) AJUB relative au lien commercial entre le
(1) GC AESTHETICS PARENTCO LIMITED, (2) NAGOR LIMITED, (3) GC AESTHETICS MANAGEMENT LIMITED, (4) GC AESTHETICS (DISTRIBUTION) LIMITED, (5) GC AESTHETICS (France) SAS, (6) EUROSILICONE SAS, (7) GC AESTHETICS ITALY S.R.L., (8) GC AESTHETICS GmbH, (9) G v.ESTABLISHMENT LABS S.A.
This procedural order concerns a request by the defendants (a group of GC Aesthetics entities and Romed N.V.) for security for costs under Rule 158 RoP against the claimant Establishment Labs S.A. (LABS) in infringement proceedings concerning EP 3 107 487 B1. The defendants argued that LABS, incorporated in Costa Rica, posed an enforcement risk because Costa Rica had not ratified the Hague Judgement Convention and there was no precedent for enforcing UPC costs orders there. The Court ordered LABS to provide security of €600,000 within 21 days, either by deposit into a UPC account or by bank guarantee from an EU-licensed bank.
VALEO SYSTEMES D’ESSUYAGE v.ROBERT BOSCH DOO Beograd, ROBERT BOSCH FRANCE S.A.S., ROBERT BOSCH GmbH, ROBERT BOSCH S.A., ROBERT BOSCH PRODUKTIE S.A. and BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.
1 Division Locale de Paris UPC_CFI_1963/2025 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 17/02/2026 (R.19 Objection préliminaire) ENTETE La condition fixée par l’article 33.1.b/ relative à « l’action porte sur la même cont
(1) GC AESTHETICS PARENTCO LIMITED (2) NAGOR LIMITED (3) GC AESTHETICS MANAGEMENT LIMITED (4) GC AESTHETICS (DISTRIBUTION) LIMITED (5) GC AESTHETICS (France) SAS (6) EUROSILICONE SAS (7) GC AESTHETICS ITALY S.R.L. (8) GC AESTHETICS GmbH (9) GC AESTHE v.ESTABLISHMENT LABS S.A.
This case concerns a Preliminary Objection filed by 13 defendants associated with GC Aesthetics challenging the Unified Patent Court's (UPC) jurisdiction over alleged infringements of EP 3 107 487 B1 in non-UPC contracting states (Ireland, Spain, Norway, Switzerland, and the United Kingdom). The defendants argued that the claimant, Establishment Labs S.A., relied solely on the domicile of Defendant 13 (Romed N.V.) in Belgium without evidencing any activities in non-UPC countries. The Local Division Brussels dismissed the Preliminary Objection, holding that the UPC has jurisdiction over all national designations of the European patent when at least one defendant is rightfully sued before the UPC, and that the substantive assessment of infringement in those territories belongs to the merits stage.
Polidoros S.p.a. v.Bekaert Combustion Technology B.V. et.al.
Polidoro S.p.a., the registered proprietor of European Patent No. EP 2 037 175 relating to a premixed burner (especially for condensation boilers), sued Bekaert Combustion Technology B.V. and its parent company NV Bekaert SA for alleged patent infringement. The patent was upheld in limited form following opposition proceedings, with the opposition decision published on 27 November 2024. The claimant sought injunctive relief, recall/removal, destruction, information, damages, and publication of the decision across several UPCA contracting member states including Austria, Belgium, Germany, France, Italy, the Netherlands, and Portugal.
LiNA Medical AG v.Schultz Medical (UK) Ltd.
LiNA Medical AG, the registered proprietor of European Patent EP 2 593 025 B1 relating to a disposable laparoscopic morcellator, filed an urgent application before the Düsseldorf Local Division for the preservation of evidence and inspection against Schultz Medical (UK) Ltd. The application sought to inspect and analyze the Defendant's 'MORCELLIX' product being exhibited at the MEDICA trade fair in Düsseldorf, which the Applicant suspected of being a slavish copy of its LiNA Xcise™ product. The Court granted the application, ordering an inspection and evidence preservation procedure to be carried out by an independent expert at the Defendant's exhibition booth, subject to confidentiality measures.
LiNA Medical AG v.Tonglu Qianyan Medtech Co., Ltd.,
LiNA Medical AG, proprietor of European Patent EP 2 593 025 B1 relating to a laparoscopic morcellator, filed an application for preservation of evidence and inspection against Tonglu Qianyan Medtech Co., Ltd. before the Düsseldorf Local Division. The Applicant sought measures at the Defendant's exhibition booth at the MEDICA trade fair in Düsseldorf, suspecting that the Defendant's exhibited disposable morcellator was a slavish copy of LiNA's Xcise™ product and infringed the patent. The Court granted the application, ordering an inspection and preservation of evidence procedure to be carried out by an independent expert, subject to confidentiality measures.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.Vivo Tech GmbH Vivo Mobile Communication Iberia SL
Sun Patent Trust brought an infringement action against three Vivo entities before the Paris Local Division concerning European Patent EP3852468. Vivo filed a preliminary objection under Rule 19 RoP, arguing that the Unified Patent Court lacks jurisdiction because Sun Patent Trust's main claim sought a declaration that its licence offer was FRAND and, alternatively, a determination of FRAND terms by the court, which Vivo contended falls outside the UPC's competence. Vivo additionally contested the internal competence of the Paris Local Division under Rule 19.1(b) RoP. Sun Patent Trust countered that the UPC has jurisdiction over FRAND aspects and that the Paris Local Division is competent to hear the case, requesting dismissal of the preliminary objection.
Guardant Health, Inc. v.Sophia Genetics SA Sophia Genetics SAS Sophia Genetics SRL Sophia Genetics GmbH
Procedural order issued by the Paris Local Division of the Court of First Instance concerning an application for provisional measures filed by Guardant Health, Inc. against four Sophia Genetics entities based on four European patents. The order sets the date for the oral hearing and establishes a procedural timeline for objections and replies.
Merz Therapeutics GmbH, Merz Pharma France, Merz Pharmaceuticals LLC v.Respondent
1 Paris Local Division UPC_CFI_697/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 17/09/2025 APPLICANTS 1) Merz Therapeutics GmbH Eckenheimer Landstraße 100 60318 Frankfurt am Main - DE 2) Merz Pharmaceuticals LLC Unit 35/36, 6601 Six Forks Road, 4th Fl
Vivo Mobile Communication Iberia SL, Vivo Tech GmbH, Vivo Mobile Communication Co., Ltd. v.Sun Patent Trust
1 Paris Local Division UPC_CFI_361/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 31/07/2025 concerning the protection of confidential information APPLICANT 1) Sun Patent Trust 437 Madison Avenue, 35th Floor 10022 - New York – US Represented by Sabine A
Vivo Mobile Communication Co., Ltd., Vivo Mobile Communication Iberia SL, Vivo Tech GmbH v.Sun Patent Trust
1 Paris Local Division UPC_CFI_362/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 31/07/2025 Concerning the protection of confidential information APPLICANT 1) Sun Patent Trust 437 Madison Avenue, 35th Floor 10022 - New York – US Represented by Caroline
Bhagat Textile Engineers (Bhagat) v.Respondent
Bhagat Textile Engineers applied for access to documents and written submissions in a revocation counterclaim filed by Himson Engineering Private Limited against Oerlikon Textile GmbH & Co. KG concerning European Patent EP214548. Bhagat sought the documents to substantiate a renewed request for suspension of its appeal in a parallel infringement action. The Milan Local Division denied the application, finding that the information was obtainable through other channels and that granting access would compromise the integrity of the proceedings.
C-KORE SYSTEMS LIMITED v.Respondent
1 Paris Local Division UPC_CFI_468/2023 Final decision of the Court of First Instance of the Unified Patent Court delivered on 29/01/2025 concerning confirmation by the Court of a settlement APPLICANT C-KORE SYSTEMS LIMITED 3 Bramley's Barn, The Menagerie, Skipwith Road - YO19 6ET - Escrick - GB Rep
Photon Wave Co., Ltd. v.Seoul Viosys Co., Ltd.
This case concerns the admissibility of a revocation action filed by Photon Wave Co., Ltd. against Seoul Viosys Co., Ltd.'s European patent EP 3404726 before the Paris Local Division. The revocation action was originally brought before the Paris Central Division but was transferred to the Local Division following a preliminary objection order. Seoul Viosys argued that the Local Division lacks jurisdiction under Article 33(4) UPCA and that the action is manifestly inadmissible because Photon Wave, as an intervener in a pending infringement action, is restricted to filing a counterclaim for revocation rather than an independent revocation action.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order concerns a patent infringement dispute between Oerlikon Textile GmbH & Co KG and Himson Engineering Private Limited regarding European Patent EP2145848. The proceedings originated from an ex parte evidence preservation order obtained by Oerlikon in June 2023 in connection with the ITMA trade fair held in Rho, Milan. Himson filed a counterclaim for revocation challenging the patent's validity on grounds of added matter, novelty, and inventive step, while Oerlikon introduced seven auxiliary requests. The order addresses procedural matters discussed at the interim conference, including settlement prospects, translation corrections, and the scope of the validity attack.
Himson Engineering Private Limited v.Respondent
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 27/11/2024 Order no. ORD_63173/2024 APPLICANT (defendant in the main proceeding) Himson Engineering Private Limited Represented by Fabrizio Jacobacci
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order was issued by the Local Division in Milan in a patent infringement action brought by Oerlikon Textile GmbH & Co. KG concerning European Patent No. EP2145848. The defendant Himson filed a counterclaim for revocation. The judge-rapporteur outlined the agenda for the upcoming interim conference, addressing settlement prospects, translation errors in the Italian patent validation, the scope of Himson's revocation counterclaim, Oerlikon's auxiliary requests, the infringement claim and related evidence, ancillary measures, litigation costs, and the organization of the Oral Hearing.
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
This case concerned an action for patent infringement brought by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers regarding European Patent EP2145848. The defendant had acknowledged the validity of the patent and the infringement without raising any defense. The court addressed several procedural and substantive issues, including the suspension of proceedings under Rule 295(m) RoP, the discretionary nature of permanent injunctions under Article 63(1) UPCA, penalty payments under Article 63(2) UPCA, publication of decisions under Article 80 UPCA, moral damages under Article 68(3a) UPCA, and provisional damages under Rule 119 RoP.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 17/09/2024 APPLICANT 1) Oerlikon Textile GmbH & CO KG RESPONDENT Himson Engineering Private Limited PATENT AT ISSUE Patent no. P
CANÈ S.p.A. v.FRANCE DÉVELOPPEMENT ÉLECTRONIQUE
1 Paris Local Division UPC_CFI_419/2023 Décision au fond du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 26/07/2024 DEMANDEUR 1) CANÈ S.p.A. Via Cuorgnè 42/A 10098 - Rivoli (TO) - IT Représenté par Konstantin Schallmoser DÉFENDEUR 1) FRANCE DÉVELOPPEMENT ÉLECTRONIQUE
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 23/07/2024 Order no. ORD_40568/2024 APPLICANT 1) Oerlikon Textile GmbH & CO KG (Applicant) - Leverkuser Strasse 65 - 42897 - Remscheid - DE Represent
Himson Engineering Private Limited v.Oerlikon Textile GmbH & CO KG
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 23/07/2024 Order no. ORD_40568/2024 APPLICANT 1) Oerlikon Textile GmbH & CO KG (Applicant) - Leverkuser Strasse 65 - 42897 - Remscheid - DE Represent
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
This procedural order concerns a patent infringement action brought by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers regarding European patent EP2145848. The dispute originated from an order for preservation of evidence obtained ex parte following Bhagat's exhibition at the ITMA fair in Milan in June 2023. The defendant denied any knowledge of the patent, denied having commercialized infringing products in the patent-protected territory, and reiterated its commitment not to enter the patent-covered market, while the parties engaged in advanced settlement negotiations. The order addresses procedural matters including the correction of the defendant's name in the introductory act and the evaluation of litigation costs.
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
This procedural order was issued by the Court of First Instance, Local Division Milan, in an infringement action concerning European Patent No. EP2145848 owned by Oerlikon Textile GmbH & Co. KG against Indian defendant Bhagat Textile Engineers. The order addressed the conduct of an interim conference previously scheduled for May 27, 2024, balancing the principle of transparency and public access to judicial proceedings against the parties' right to protection of confidential information. The court ordered that the parties file summaries of points to be discussed, that the conference be open to the public unless confidential matters arose, and that the proceedings be recorded.
Bhagat Textile Engineers v.Oerlikon Textile GmbH & CO KG
1 Milan - Local Division UPC_CFI_241/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 06/05/2024 Nota: Richiesta ai sensi del R. 262A R.o.P. da parte dei ricorrenti di un ordine di riservatezza relativo alle informazioni finanziarie fornite a s
C-KORE SYSTEMS LIMITED v.NOVAWELL
This procedural order concerns a review request filed by Novawell against an ex parte saisie order granted to C-Kore Systems Limited, the proprietor of European patent EP 2 265 793 relating to subsea apparatus and testing. The Court examined whether Novawell's review request was filed within the 30-day time limit under Rule 197.3 of the Rules of Procedure, addressing when the 'execution of the measures' begins for purposes of calculating that deadline. The Court also considered the criteria for granting the ex parte order, the distinction between preserving evidence and inspection procedures, and the conformity of the saisie carried out by an expert assisted by a bailiff with French national law.
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