Guillaume Faget
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Ballinno B.V. v.Kinexon GmbH, Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA)
Ballinno B.V., proprietor of European Patent EP 1 944 067 concerning a method and system for detecting offside situations, applied for provisional measures against Kinexon companies and UEFA before the Hamburg Local Division. The Local Division ordered Ballinno to provide security for costs of €56,000 and subsequently dismissed the application for provisional measures. On appeal, Ballinno withdrew its requests for provisional measures, rendering the action devoid of purpose, and the Court of Appeal rejected Ballinno's challenge to the security order, ordered Ballinno to bear the costs of the appeal proceedings, and set the value of the dispute for appeal at €100,000.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA), Kinexon Sports & Media GmbH, Kinexon GmbH
Ballinno B.V., proprietor of EP 1 944 067 relating to a method and system for detecting offside situations, sought provisional measures against Kinexon companies and UEFA before the Hamburg Local Division in connection with the Connected Ball Technology used at UEFA EURO 2024. After the Local Division dismissed its application for lack of urgency and insufficient proof of infringement, and ordered Ballinno to provide security for costs, Ballinno appealed but withdrew its request for a provisional injunction because the tournament had already taken place. The Court of Appeal held the appeal on security for costs admissible and set out principles for costs allocation, indicating that a party who builds its case on a single event and withdraws after the event passes must generally bear the costs as the unsuccessful party.
Ballinno B.V. v.Kinexon Sports & Media GmbH, Kinexon GmbH, and Union des Associations Européennes de Football (UEFA)
The Court of Appeal of the Unified Patent Court addressed a request by Kinexon companies and UEFA for security for costs in appeal proceedings against Ballinno B.V. The court ruled that R.158 RoP and R.222.2 RoP are applicable to the Court of Appeal, and ordered Ballinno to provide security of €25,000 within two weeks, finding that Ballinno's financial situation raised legitimate concerns about the recoverability of any cost order.
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