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42 IP cases indexed. Covers patent matters.
Cases Presided Over
42 cases indexed | Page 2 of 2
CAN Srl Airxcel Europe v.Respondent
This procedural order concerns a request by the defendant, CAN Srl Airxcel Europe, to extend the deadlines for filing a preliminary objection and a statement of defense/counterclaim in an infringement action concerning European Patent EP 1 788 320 B1. The defendant argued that service of the statement of claim at a trade fair was ineffective. The Local Chamber Düsseldorf rejected both extension requests, holding that the strict time regime of the Rules of Procedure permits extensions only in exceptional cases, and the defendant failed to demonstrate any such exceptional circumstances.
Dolby International AB v.Optoma Corporation, Optoma Deutschland GmbH, Optoma Europe Ltd.
Dolby International AB filed a patent infringement action against three Optoma entities concerning European Patent EP 3 605 534 before the Local Chamber Düsseldorf. Before the defendants' deadline to respond and file any counterclaim for invalidity expired, the plaintiff withdrew the action following an out-of-court settlement. The defendants consented to the withdrawal and the agreed cost arrangements. The court permitted the withdrawal, terminated the proceedings, and ordered a partial refund of court fees to the plaintiff.
Grundfos Holding A/S v.Hefei Xinhu Canned Motor Pump Co., Ltd.
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent EP 2 778 423 B1. The court decided, pursuant to Article 33(3)(a) of the EPG Agreement in conjunction with Rule 37.2 of the Rules of Procedure, to jointly hear the infringement action brought by Grundfos Holding A/S against Hefei Xinhu Canned Motor Pump Co., Ltd. and the defendant's counterclaim for revocation of the patent. The decision was made before the close of the written procedure, with the consent of both parties, in order to allow early assignment of the technically qualified judge and to avoid scheduling delays.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE
This case concerns a patent infringement action brought by Avago Technologies International Sales Pte. Limited against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE before the Local Chamber Munich. The dispute involves European Patent No. 1 838 002 B1, titled 'Programmable Hybrid Transmitter,' which is in force only in Germany. The plaintiff alleges that the defendants infringe claims 1, 5, 6, 7, 11, and 12 of the patent, which relate to a transmitter architecture with a baseband processing module, an up-conversion module, and a power amplifier circuit operating in first and second modes. The decision was rendered on August 30, 2024, following an oral hearing held on June 25, 2024.
Seoul Semiconductor Co., Ltd. v.Respondent
Seoul Semiconductor Co., Ltd. filed a patent infringement action against Amazon Services Europe S.à r.l. concerning European Patent EP 3 339 920 B1 before the Local Chamber Düsseldorf. Following an out-of-court settlement reached between the parties, the plaintiff withdrew the action with the defendant's consent. The court allowed the withdrawal, declared the proceedings terminated, confirmed the parties' cost-sharing arrangement, and ordered the reimbursement of 60% of the court fees paid by the plaintiff.
Franz Kaldewei GmbH & Co. KG v.Bette GmbH & Co. KG
This case before the Local Chamber Düsseldorf concerned European Patent EP 3 375 337 B1, with Franz Kaldewei GmbH & Co. KG as plaintiff and Bette GmbH & Co. KG as defendant. The dispute involved issues of prior use rights, indirect patent infringement, remedies including recall and removal from distribution channels, disclosure of accounting books, and information requests. The court issued guiding principles on the territorial scope of prior use defenses, the procedural stage at which disclosure of books may be ordered, the scope of information rights during infringement proceedings, the distinction between recall and final removal from distribution channels, and the timing requirements for retroactive deadline extension requests.
Dolby International AB v.Respondent
This procedural order concerns the extension of deadlines for the reply to the infringement action and the response to the counterclaim for revocation in proceedings involving European Patent EP 3 490 258 B1. The court established that while R. 9.3(a) RoP empowers the court to extend deadlines, such extensions should be granted cautiously and only in justified exceptional cases. The court held that restricted access to unredacted submissions due to R. 262A RoP confidentiality requests constitutes such an exceptional case, requiring that the party and its representatives have sufficient time to develop a unified strategy addressing both infringement and validity issues.
Tridonic GmbH & Co KG v.CUPOWER Shenzhen Xiezhen Electronics Co., Ltd, CUPOWER Europe GmbH
This is a procedural order issued by the Local Chamber Düsseldorf concerning European Patent No. EP 2 011 218 B1. The plaintiff Tridonic GmbH & Co KG brought an infringement action against CUPOWER Shenzhen Xiezhen Electronics Co., Ltd and CUPOWER Europe GmbH, who filed a counterclaim for revocation. The court decided, after hearing the parties, to hear both the infringement action and the revocation counterclaim together under Article 33(3)(a) of the Agreement on a Unified Patent Court, in conjunction with Rule 37.2 of the Rules of Procedure.
M-A-S Maschinen- und Anlagenbau Schulz GmbH v.Respondent
The plaintiff, an Austrian machine and plant engineering company, sought permission to serve its infringement complaint on a Turkish defendant at the defendant's trade fair stand at the PRS Europe fair in Amsterdam on June 19/20, 2024. The court held that under Rule 271.5(a) of the Rules of Procedure, service may be effected at any location within contracting member states where a company has a permanent or temporary business establishment, and that a trade fair stand qualifies as such when, as is typically the case, deliveries are also promoted there. The court ordered service at the specified trade fair address and directed the plaintiff to initially bear the costs of such service.
Dolby International AB v.Respondent
This is a procedural order (Verfahrensanordnung) issued by the Local Chamber Düsseldorf concerning European Patent EP 3 490 258 B1. The plaintiff, Dolby International AB, filed an infringement action on November 30, 2023, against fifteen HP-related entities across Europe, alleging infringement relating to HEVC-capable computers. The order addresses the plaintiff's application for leave to amend the claims (Klagebeschränkung) under Rule 263.1 and .3 of the Rules of Procedure.
Curio Bioscience, Inc v.Respondent
This is a procedural order issued by the Local Chamber Düsseldorf in a patent infringement action concerning European Patent EP 2 697 391 B1. Both parties jointly requested a change of the procedural language from German to English, the language in which the patent was granted. The court approved the request and ordered that the proceedings be conducted in English from the date of the order.
Roche Diabetes Care GmbH, F. Hoffman-La Roche AG v.VitalAire GmbH, Air Liquide Healthcare Nederland B.V, Dinno Santé s.a.i.
This case concerns European Patent EP 1 970 677 B1 and was brought by F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH against six defendants, including Tandem Diabetes Care entities and various healthcare distributors. The dispute centers on the language of proceedings, with the plaintiffs having chosen German. Defendants 2 and 6 filed an objection under Rule 19.1(c) of the Rules of Procedure, seeking a change to English, arguing that German is only the official language of one defendant and that English would be less burdensome for all parties. The order was issued by Judge Dr. Thom as Rapporteur of the Local Chamber Düsseldorf.
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