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.
ONWARD Medical N.V. sought interim measures against Niche Biomedical, Inc. for alleged direct and indirect infringement of European Patent EP 3 421 081 B1, which relates to a system for neuromodulation, particularly transcutaneous spinal cord stimulation. The Court of Appeal addressed key issues including the permissibility of asserting a patent in a non-registered claim form in interim proceedings, the admissibility of new auxiliary requests under R. 222 RoP, and the determination of intended use under Art. 26 EPGÜ. The appeal was dismissed, and ONWARD Medical was ordered to pay provisional costs of EUR 56,000 to Niche Biomedical.
A. Menarini Diagnostics S.r.l., Berlin-Chemie AG, A. Menarini Diagnostics Frankreich SASU v.F. Hoffmann-La Roche AG, Roche Diabetes Care GmbH
This is a decision of the Court of Appeal of the Unified Patent Court concerning the withdrawal of an application for interim measures related to EP 1 962 668. The applicants (Roche entities) had obtained an interim measures order from the Local Chamber Düsseldorf, which the respondents (Menarini entities) appealed. Following an out-of-court settlement, the applicants withdrew their application for interim measures, and the respondents consented. The Court of Appeal permitted the withdrawal, terminated the proceedings, and cancelled the scheduled oral hearing.
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