in Bart van den Broek
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
ONWARD Medical N.V. v.Niche Biomedical, Inc.
This UPC appellate decision addressed procedural matters in a dispute over neuromodulation systems. While the core infringement appeal was dismissed, the court issued an order regarding provisional costs. The ruling reinforces principles on how non-registered claims can be asserted and clarifies the standards for determining indirect patent use (Verwendungsbestimmung) based on objective evidence. This case is significant for practitioners dealing with procedural hurdles in complex medical device IP litigation.
A. Menarini Diagnostics S.r.l. v.F. Hoffmann- La Roche AG
This UPC appeal case involved an application for interim measures concerning patent EP 1 962 668, filed by Menarini Diagnostics against Roche. After the initial proceedings at the Local Division of Düsseldorf, the parties reached an out-of-court settlement. Consequently, the claimants withdrew their request for provisional relief. The UPC Board of Appeal accepted this withdrawal and terminated the case, highlighting the importance of amicable resolution in complex patent litigation.
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