Giorgio Checcacci
7 IP cases indexed. Covers patent matters.
Cases Presided Over
7 cases indexed | Page 1 of 1
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co. et al.
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, Inc. and Tandem Diabetes Care Europe B.V.
This is a cost decision by the Court of First Instance of the Unified Patent Court (Central Division, Paris seat) following a revocation action concerning European patent EP 2 196 231 B1. Roche Diabetes Care GmbH, the successful party in the revocation proceedings, sought reimbursement of its costs from Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V. The Court dismissed the respondents' request to stay the cost proceedings pending appeal, resolved an inconsistency in the amount claimed, and determined the recoverable costs at EUR 117,741.62.
Roche Diabetes Care GmbH v.Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V.
The Court of First Instance of the Unified Patent Court (Central Division, Paris seat) issued a cost decision following a revocation action concerning European patent EP 2 196 231 B1. The applicant, Roche Diabetes Care GmbH, sought reimbursement of costs from the respondents, Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V. The Court dismissed the respondents' request to stay the cost proceedings pending appeal and determined the recoverable costs at EUR 117,741.62, ordering the respondents to pay jointly and severally within three weeks.
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co., Ltd. and Others
The Local Division Munich of the Unified Patent Court granted JingAo Solar Co., Ltd.'s application for leave to change its claims in an infringement action concerning EP 2 787 541. The court allowed the patentee to amend its infringement claims to align with auxiliary requests filed under Rule 30 RoP in response to the defendants' counterclaim for revocation, to incorporate amendments made by the EPO Opposition Division to claim 13, and to add a new allegedly infringing embodiment (ASTRO N8 Bifacial Series) that came to light after the original filing.
Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V. v.Roche Diabetes Care GmbH
Tandem Diabetes Care filed a revocation action against Roche Diabetes Care's European patent EP 2 196 231 B1, which relates to a system for ambulatory drug infusion. Roche raised a preliminary objection based on a standstill agreement requiring 90 days' notice before filing suit, which was rejected. The Court ultimately dismissed the revocation action, finding that the grounds for invalidity (added matter, lack of novelty, and lack of inventive step) were not well founded, and maintained the patent as granted.
Roche Diabetes Care GmbH & F. Hoffmann-La Roche AG v.Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe B.V., & VitalAire GmbH
This case concerns a patent infringement action regarding European Patent EP 2 196 231, brought by Roche against Tandem Diabetes Care and VitalAire relating to the t:slim X2 insulin pump. The defendants sought a stay of the infringement proceedings pending parallel revocation actions before the Central Division Paris. The Local Division Hamburg dismissed both the request for a stay and the claimant's request to hear the infringement and revocation actions together, finding that the claimant's interest in continuing the proceedings outweighed the defendants' interest in a stay.
Tandem Diabetes Care, Inc. and Tandem Diabetes Care Europe B.V. v.Roche Diabetes Care GmbH
This order concerns a preliminary objection lodged by Tandem Diabetes Care entities (as defendants in a revocation action) seeking dismissal of a revocation action brought by Roche Diabetes Care GmbH concerning European patent EP 2 196 231. Tandem argued that the court lacked jurisdiction due to a standstill agreement requiring 90 days' prior written notice before filing IP-related proceedings. The court rejected the preliminary objection, holding that while the standstill clause was valid and applicable to IP disputes, its violation constitutes a matter of inadmissibility rather than a ground for lack of jurisdiction.
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