Judge Profile

in Graham Ashley

4 IP cases indexed. Covers patent matters.

Cases Presided Over

4 cases indexed | Page 1 of 1

patent LITIGATION · Jan 20, 2025

SharkNinja Europe Limited & SharkNinja Germany GmbH v.Dyson Technology Limited

Luxembourg (LU) · UPC-001015

SharkNinja sought, and Dyson agreed to, either a suspension of the cost assessment proceedings or alternatively an extension of the deadline to file a cost assessment application following the Court of Appeal's December 3, 2024 decision reversing an interim injunction and ordering Dyson to pay SharkNinja's costs. The Court of Appeal rejected both requests as inadmissible, holding that the one-month deadline under Rule 151 RoP to file a cost assessment application begins with service of the substantive decision in the main proceedings, not with service of an order on interim measures.

patent LITIGATION · Dec 3, 2024

SharkNinja Germany GmbH & SharkNinja Europe Limited v.Dyson Technology Limited

Luxembourg (LU) · UPC-001121

This is an appeal from the Court of Appeal of the Unified Patent Court concerning a preliminary injunction granted by the Local Division Munich in favor of Dyson Technology Limited against SharkNinja. The dispute centered on European Patent EP 2 043 492, directed to a hand-held vacuum cleaner with a cyclonic separating apparatus. The Court of Appeal set aside the preliminary injunction, finding that Dyson had not demonstrated on a balance of probabilities that the attacked SharkNinja embodiments infringed claim 1, specifically because the evidence did not sufficiently establish that the accused products used a cyclonic separating apparatus employing centrifugal force as required by feature 1.3 of the patent.

patent LITIGATION · Oct 21, 2024

SharkNinja Europe Limited & SharkNinja Germany GmbH v.Dyson Technology Limited

Luxembourg (LU) · UPC-001196

The Court of Appeal of the Unified Patent Court dismissed SharkNinja's application to introduce new evidence (FBD 29) in appeal proceedings concerning EP 2 043 492. The evidence consisted of annexes to a brief filed by Dyson's representative in US proceedings, which SharkNinja argued was relevant to show contradictory positions taken by Dyson regarding claim interpretation. The court held that SharkNinja failed to convincingly demonstrate the relevance of the new evidence and that submissions in other proceedings do not render a party's positions in the present case contradictory.

patent LITIGATION · Oct 9, 2024

SharkNinja Germany GmbH & SharkNinja Europe Limited v.Dyson Technology Limited

Luxembourg (LU) · UPC-001219

This is an order from the Court of Appeal of the Unified Patent Court concerning EP 2 043 492, a patent dispute between SharkNinja (appellant/defendant) and Dyson Technology Limited (respondent/claimant). The Court of Appeal rejected Dyson's application to disregard several grounds of appeal raised by SharkNinja, finding them sufficiently indicated in the statement of grounds. However, the court excluded two new pieces of evidence (FBD 27 and FBD 28) submitted by SharkNinja, finding they were not convincingly shown to be relevant and were submitted with undue delay.

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