Judge Profile

Hergen Kapels

4 IP cases indexed. Covers patent matters.

Cases Presided Over

4 cases indexed | Page 1 of 1

patent LITIGATION · Jun 5, 2025

PHOENIX CONTACT GmbH & Co. KG v.Ex Parte

Munich (DE) Local Division · UPC-000640

Unified Patent Court decision.

patent LITIGATION · Jun 5, 2025

PHOENIX CONTACT GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. and ILME GmbH Elektrotechnische Handelsgesellschaft

Munich (DE) Local Division · UPC-000637

This case concerned an infringement action regarding European Patent EP 3 602 692, accompanied by a revocation counterclaim. Following an out-of-court settlement, the plaintiff withdrew the infringement claim and the defendants withdrew the revocation counterclaim. The court allowed both withdrawals, terminated the proceedings, and addressed the refund of court fees, setting the value of the infringement claim at €750,000 and the revocation counterclaim at €1,125,000.

patent LITIGATION · Jan 24, 2025

DexCom, Inc. v.Abbott Laboratories and Others

Luxembourg (LU) · UPC-000990

This is an appeal order from the Court of Appeal of the Unified Patent Court concerning EP 3 435 866. DexCom appealed a decision of the Paris Local Division that had revoked the patent entirely and dismissed DexCom's infringement claims. Following the appeal, both parties agreed to withdraw the infringement action and the counterclaims for revocation, and the Court permitted the withdrawals, declared the proceedings closed, and ordered 60% reimbursement of appeal court fees to DexCom.

patent LITIGATION · Jan 24, 2025

DexCom, Inc. v.Abbott Laboratories and Others

Luxembourg (LU) · UPC-000988

DexCom, Inc. appealed a decision of the Munich Local Division that revoked EP 3 797 685 entirely and dismissed all infringement claims brought against the Abbott companies. Following the appeal, DexCom applied to withdraw the infringement action, and the Abbott companies consented and applied to withdraw their counterclaims for revocation. The Court of Appeal permitted the withdrawals, declared the proceedings closed, and ordered a 60% refund of appeal court fees to DexCom.

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