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 is an appeal concerning an application for interim measures related to alleged direct and indirect infringement of European Patent EP 3 421 081 B1, which relates to a system for neuromodulation. ONWARD Medical N.V., the registered proprietor of the patent, sought interim measures against Niche Biomedical, Inc. before the Local Division Munich, which issued an order on October 17, 2025. The appeal addressed key procedural and substantive issues including the assertion of a non-registered claim version in interim proceedings, the admissibility of auxiliary requests under Rule 222 of the Rules of Procedure, and the determination of intended use under Article 26 EPGÜ for indirect patent infringement.
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 appeal concerned EP 1 962 668, a patent dispute in which F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH had obtained an order for interim measures against A. Menarini Diagnostics entities from the Local Chamber Düsseldorf on December 5, 2025. The Menarini entities appealed that order. Before the appeal could be heard, the parties reached an out-of-court settlement, and Roche withdrew its request for interim measures. The Court of Appeal allowed the withdrawal pursuant to Rule 265 of the Rules of Procedure and terminated the proceedings, noting that each party would bear its own costs.
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