Hergen Kapels
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
PHOENIX CONTACT GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
In this UPC case concerning EP 3 602 692, the claimant (Phoenix Contact) voluntarily withdrew its infringement suit against the respondents. The court subsequently allowed the withdrawal of the counterclaim for revocation as well. This decision highlights that voluntary withdrawals can lead to the termination of proceedings and trigger specific rules regarding the refund of court fees, providing a clear procedural path for parties seeking an amicable resolution.
PHOENIX CONTACT GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
In a procedural decision, the UPC Local Division of Munich allowed PHOENIX CONTACT GmbH & Co. KG to withdraw its infringement claim against Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. and ILME GmbH. This withdrawal was mutually agreed upon by both parties as part of an out-of-court settlement. Although the merits were not decided, the court issued a detailed cost allocation, refunding fees to both sides based on the timing of the withdrawals.
DexCom, Inc. v.Abbott Laboratories and associated companies (jointly referred to as 'the Abbott companies')
In this procedural order, the UPC Court of Appeal permitted DexCom, Inc. to withdraw its infringement action against Abbott Laboratories and its subsidiaries. Concurrently, the Abbott companies agreed to withdraw their counterclaims for revocation. This mutual withdrawal resulted in the closure of the proceedings, meaning the patent EP 3 435 866 remains fully in force across all relevant territories. The decision highlights the procedural flexibility within the UPC regarding withdrawals during appeal.
DexCom, Inc. v.Abbott Laboratories and associated companies (collectively 'the Abbott companies')
In a procedural order, the UPC Court of Appeal granted DexCom Inc.'s request to withdraw its infringement action against Abbott Laboratories and associated companies. This withdrawal followed mutual consent from both parties, allowing the court to declare all proceedings closed. The decision is significant as it reinforces the flexibility of the UPC system regarding case closure when parties agree, while also providing a clear procedural path for fee reimbursement.
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