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)
This appeal concerned an order for security for costs and the disposal of an action that had become devoid of purpose. Ballinno B.V., the proprietor of European patent EP 1 944 067 relating to a method and system for detecting an offside situation, had applied for provisional measures against the Kinexon companies and UEFA before the Hamburg Local Division. After withdrawing its requests for provisional measures on appeal, the Court of Appeal held that the action had become devoid of purpose and disposed of it pursuant to R. 360 RoP, treating Ballinno as the unsuccessful party at both instances.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA), Kinexon Sports & Media GmbH, Kinexon GmbH
This appeal concerned an order for security for costs and an order on provisional measures brought by Ballinno B.V. against the Kinexon companies and UEFA in relation to EP 1 944 067. The appellant had built its case for provisional measures primarily around a major sports event, but subsequently withdrew its requests for provisional measures before the Court of First Instance issued its order, rendering the action devoid of purpose. The Court of Appeal held that the appeal was admissible and that Ballinno, having taken the inherent risk of its procedural strategy, must be considered the unsuccessful party and bear the costs under Article 69(1) UPCA.
Kinexon Sports & Media GmbH, Kinexon GmbH, Union des Associations Européennes de Football (UEFA) v.Respondent
This case concerns a request by Kinexon Sports & Media GmbH, UEFA, and Kinexon GmbH for security for costs of the appeal proceedings against Ballinno B.V. before the Court of Appeal. Ballinno had previously been ordered by the Court of First Instance (Hamburg Local Division) to provide €56,000 in security for costs and had its application for provisional measures dismissed. The appeal concerns both the security order and the main order dismissing the provisional measures application. The matter relates to European Patent EP 1 944 067.
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