Giorgio Checcacci
6 IP cases indexed. Covers patent matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co. a.o.
JingAo Solar Co., Ltd., the registered proprietor of European patent EP 2 787 541 (relating to solar cells), sued Chint New Energy Technology Co. and its Astronergy affiliates for allegedly infringing the patent through their 'ASTRO N' series n-type TOPCon solar modules sold in Germany, France, Italy, and the Netherlands. The defendants counterclaimed for revocation and raised defenses including lack of standing, incomplete infringement allegations, validity challenges, and antitrust violations. The Local Division Munich found infringement, dismissed the counterclaim for revocation in its entirety, and granted injunctive relief, information orders, recall and destruction orders, damages, and an interim award of costs against the defendants.
Roche Diabetes Care GmbH v.Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc.
Roche Diabetes Care GmbH filed an application for a cost decision against Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V. following a revocation action concerning European patent EP 2 196 231 B1, seeking reimbursement of EUR 112,300.00. The respondents objected to the amount, certain travel expenses, and requested a stay of proceedings pending an appeal against the decision on the merits. The Court rejected the request for a stay, holding that the mere existence of a pending appeal does not justify suspending cost proceedings, as this would allow the unsuccessful party to indefinitely delay cost decisions.
JingAo Solar Co., Ltd. v.Respondent
1. Rule 30 RoP does not restrict the patentee in its request to amend the patent to the requirement that the application and the corresponding auxiliary requests must be directly related to the
Tandem Diabetes Care Europe B.V., Tandem Diabetes Care, Inc. v.Roche Diabetes Care GmbH
This is a revocation action filed by Tandem Diabetes Care entities against Roche Diabetes Care GmbH concerning European patent EP 2 196 231 B1, which relates to a system for ambulatory drug infusion. The claimants sought full revocation of the patent on grounds of added matter, lack of novelty over WO 2007/077255 A2 (Glejboel), and lack of inventive step starting from US 2002/0120236 (Diaz) or Glejboel combined with Diaz and/or US 6,516,950 (Robertson). The defendant raised a preliminary objection under Rules 19(1)(b) and 48 of the Rules of Procedure. The Court held that breach of a standstill clause does not divest the breaching party of the right to bring an action where the temporal restriction is not justified by public interest, though it may give rise to contractual liability.
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V., v.Respondent
1 Hamburg – Local Division UPC_CFI_88/2024 Preliminary Order of the Court of First Instance of the Unified Patent Court Issued: 09/09/2024 PARTIES: Roche Diabetes Care GmbH, represented by Herrn Götzl, Sandhofer Straße 116, 68305 Mannheim, Germany, Plaintiff and Counterdefendant 1
Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V. v.Roche Diabetes Care GmbH
The defendant in a revocation action concerning European patent EP 2 196 231 filed a preliminary objection arguing that the court lacked jurisdiction due to a standstill agreement requiring 90 days' notice before filing lawsuits. The claimants (respondents to the preliminary objection) countered that the standstill agreement did not affect the court's jurisdiction and that they had complied with the notice period. The Court of First Instance rejected the preliminary objection, holding that the violation of a standstill agreement does not constitute grounds for challenging the jurisdiction of the court.
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