in Patricia Rombach
28 IP cases indexed. Covers patent matters.
Cases Presided Over
28 cases indexed | Page 1 of 1
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
This is an order from the Court of Appeal concerning security for costs (Prozesskostensicherheit) under Article 69(4) EPGÜ and Rule 158 of the Rules of Procedure. The court held that security for costs can only be ordered against the applicant (the party initiating the proceedings), not in their favor. In appeal proceedings, only the respondent on appeal may request security for costs, as the appellant is the party who initiates the appeal. The case involves an appeal by Hefei Xinhu Canned Motor Pump Co., Ltd against a first instance decision of the Local Division Düsseldorf finding patent infringement of EP 2 778 423.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
The Court of Appeal addressed whether to admit the withdrawal of an appeal by the defendant-appellant Strabag following an out-of-court settlement with the plaintiff Swarco, and whether the separate appeal filed by the intervener Chainzone (which supported Strabag) became moot as a result. The Court held that the withdrawal of Strabag's appeal was admissible and that Chainzone's appeal became moot under Rule 360 RoP, because the intervener cannot maintain an independent position contradicting the supported party. The Court further ruled that Chainzone should generally be treated like Strabag regarding costs.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., against expert e-Commerce GmbH and expert klein GmbH. The appeal concerns the assessment of added matter (unzulässige Erweiterung) under Article 123(2) EPC, particularly where the patent was derived from an international application not filed in an official EPO language. The Court of Appeal addressed key legal questions regarding the role of translations of international applications and the standard for assessing disclosures in earlier applications.
Roku International B.V. and Roku, Inc. v.Dolby International AB
This order from the Court of Appeal concerns appeals by Roku against the rejection of its objections (Einsprüche) by the Local Division Munich. The Court of Appeal addressed whether the grounds for objection under Rule 19.1 of the Rules of Procedure are exhaustive, whether the UPC's jurisdictional framework is compatible with EU law, whether the Administrative Committee could replace London with Milan as a Central Division location, and how court fees apply to multiple appeal proceedings. The Court of Appeal upheld the rejection of Roku's objections, finding them inadmissible or unfounded.
expert klein GmbH and expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed a decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The Court of Appeal addressed the legal standard for assessing unallowable extension of subject matter (added matter), particularly in the context of a patent derived from a divisional application.
Expert e-Commerce GmbH, Expert klein GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed against the decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The appeal proceedings (UPC_CoA_764/2024 and UPC_CoA_774/2024) were heard together at an oral hearing on July 11, 2025, with Seoul Semiconductor Co., Ltd. intervening in support of Viosys.
Seoul Viosys Co., Ltd. v.Respondent
The Court of Appeal issued an order disregarding a post-hearing brief filed by Seoul Viosys Co., Ltd. following the oral hearing of July 11, 2025. The court held that under Rule 36 of the Rules of Procedure, there is no basis for filing further pleadings after the close of written proceedings without prior court approval, and this applies even more so after the oral hearing when the case is ready for decision. The court further held that there is no need to respond in writing to the court's introduction after the oral hearing, as any such response should have been made during the hearing itself.
STRABAG Infrastructure & Safety Solutions GmbH v.Respondent
This is an order of the Court of Appeal concerning an application for confidentiality in a patent infringement dispute over EP 2 643 717. The Court of Appeal addressed whether Chainzone, as intervener supporting Strabag, could obtain restrictions on the use and disclosure of Fraunhofer measurement reports that had already been submitted to the Court of First Instance without any prior confidentiality request. The Court held that an application under R. 262A RoP restricting access to or use of information and evidence must be made at the time of filing the document, and a first-time request in appeal proceedings regarding evidence already submitted at first instance is inadmissible.
Knaus Tabbert AG v.Respondent
This order from the Court of Appeal, dated June 17, 2025, addresses an objection (Gegenvorstellung) filed by Knaus Tabbert AG against the rejection of its request for suspensive effect under Rule 223 of the Rules of Procedure. The underlying dispute concerns alleged infringement of European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The Court of Appeal held that an objection that merely challenges the reasoning expressed in the rejecting order, without raising new substantive grounds, is inadmissible.
Belkin Limited, Belkin International, Inc., Belkin GmbH v.Koninklijke Philips N.V.
This case concerned an appeal and cross-appeal against an order of the Local Division Munich dated December 17, 2024, regarding coercive fines imposed on Belkin for non-compliance with an information obligation under Article 67(1) EPGÜ. The Court of Appeal addressed five key legal questions relating to the setting of deadlines for providing information, the imposition of coercive fines even after belated compliance, the burden of proof regarding compliance, the scope of required disclosures (including manufacturer prices), and the permissible form of the information. The Court issued five guiding principles clarifying the procedural framework for enforcing information orders and the conditions for imposing coercive fines.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
This case concerns an appeal before the Court of Appeal regarding a request for suspensive effect (stay of enforcement) in a patent infringement dispute. SWARCO FUTURIT Verkehrssignalsysteme GmbH, the registered proprietor of European Patent EP 2 643 717 relating to a color and light mixing collective optic, brought an infringement action against STRABAG Infrastructure & Safety Solutions GmbH. STRABAG had installed LED variable traffic signs at certain locations (A12, VKP Kundl, RFB Innsbruck) that it had sourced from Chainzone Technology (Foshan) Co., Ltd., which intervened in support of STRABAG. The Court of Appeal issued an order on May 26, 2025, addressing STRABAG's application for suspensive effect against the first instance decision of January 15, 2025.
Knaus Tabbert AG v.Erwin Härtwich, Yellow Sphere Innovations GmbH
This is an appeal order concerning a request for suspensive effect (stay of enforcement) in a patent infringement dispute involving European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The appellant Knaus Tabbert AG sought to stay enforcement of a first-instance order, arguing that the plaintiffs' financial situation required security for enforcement. The Court of Appeal held that the ordering of security for enforcement lies within the discretion of the Court of First Instance, and that a defendant must raise facts justifying such security already at first instance, so that a request for suspensive effect generally cannot rely on the plaintiff's financial situation if this could have been raised earlier.
SharkNinja Europe Limited, SharkNinja Germany GmbH v.Respondent
This order concerns an application by SharkNinja to suspend the cost assessment proceedings or, alternatively, to extend the time limit for filing a cost assessment application following the Court of Appeal's December 3, 2024 decision reversing an interim injunction against SharkNinja and ordering Dyson to pay costs. The Court of Appeal addressed procedural questions regarding when the one-month deadline under Rule 151.1 of the Rules of Procedure begins to run and the applicability of Rules 150 and 151 when no main proceedings under Rule 213 are initiated.
Fives ECL, SAS v.REEl GmbH
The Court of Appeal of the Unified Patent Court addressed an appeal concerning the jurisdiction of the court over a standalone action for the quantification of damages following a national court judgment establishing patent infringement and liability for damages. The appellant, Fives ECL, sought to quantify damages of EUR 6.5 million against REEL GmbH based on a prior judgment of the Landgericht Düsseldorf finding REEL liable for infringing EP 1 740 740. The Court of Appeal overturned the Local Division Hamburg's decision and held that the court has jurisdiction over such standalone damages quantification actions, including for infringing acts committed before the UPC Agreement entered into force on June 1, 2023, provided the patent was still in force at that time.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Dyson Technology Limited
This is an appeal order concerning an application for interim measures related to European Patent EP 2 043 492, which covers a hand-held vacuum cleaner with a specific handle arrangement. Dyson Technology Limited, as the patent proprietor, sought interim measures against SharkNinja Europe Limited and SharkNinja Germany GmbH before the Local Division Munich. The Court of Appeal reviewed the first instance decision and, after balancing the probabilities, concluded that it was not more likely than not that the patent was being infringed. The appeal order thus turned on the assessment of the likelihood of patent infringement in the context of interim relief.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Respondent
This is an order from the Court of Appeal concerning an application by SharkNinja to admit new evidence (FBD 29) consisting of two annexes to a brief filed by Dyson's representative in a parallel US proceeding. SharkNinja argued the evidence was relevant to the appeal because it contained Dyson's interpretation of the patent feature regarding an elongate handle, which could undermine Dyson's contradictory denial of disclosure of the 'Power Source' feature in the present proceedings. Dyson opposed the application, arguing the evidence was not decisive and that the submission was culpably delayed.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Respondent
This order concerns an appeal before the Court of Appeal regarding European Patent EP 2 043 492. Dyson Technology Limited, the respondent, requested that several grounds of appeal raised by SharkNinja concerning validity attacks be disregarded as they were allegedly not properly specified in the Statement of Appeal. SharkNinja opposed the request, arguing that the grounds were indeed contained in the Statement of Appeal through references to earlier submissions and specific paragraphs. The text of the order is truncated and does not include the final ruling.
Mammut Sports Group AG, Mammut Sports Group GmbH v.Ortovox Sportartikel GmbH
This case concerns an appeal before the Court of Appeal regarding the review of an order for interim measures in a patent dispute between Mammut Sports Group entities (based in Switzerland and Germany) and Ortovox Sportartikel GmbH (based in Germany). The appeal raised multiple procedural and substantive issues, including the scope of appellate review in interim measure proceedings, the clarity required for appeal grounds, the treatment of late submissions, the assessment of urgency and waiting periods under Rule 211.4, and the applicability of Rule 263 to applications for interim orders. The Court of Appeal issued headnotes establishing important legal principles on these matters, while the full operative provisions of the order were not fully available in the provided text.
OROPE Germany GmbH, Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Panasonic Holdings Corporation
The Court of Appeal addressed appeals by OPPO and OROPE against orders of the Local Division Mannheim concerning applications for the production of evidence under Rule 190 of the Rules of Procedure. The defendants sought evidence to support their FRAND defense in patent infringement actions brought by Panasonic concerning three European patents declared as standard-essential for the 4G mobile telecommunications standard. The Court of Appeal held that a defendant may rely on Rule 190.1 to request production of evidence, and that the first-instance court has discretion in balancing the defendant's interest in obtaining evidence useful for its FRAND defense against the other party's interest in protecting confidential information.
10x Genomics, Inc., President and Fellows of Harvard College v.Respondent
The Court of Appeal of the Unified Patent Court issued an order concerning an application for re-trial (Wiederaufnahme des Verfahrens) filed by 10x Genomics and Harvard College against NanoString Technologies. The re-trial application challenged the Court of Appeal's earlier order of February 26, 2024, which had overturned a first-instance interim injunction in favor of 10x and ordered 10x to bear the costs. The application alleged fundamental procedural errors, including violation of the right to be heard and Article 6 ECHR. The Court of Appeal addressed key principles regarding the interpretation of its own reasoning, the non-reviewability of evidentiary assessment in re-trial proceedings, and the legal basis for cost allocation in summary proceedings.
Panasonic Holdings Corporation v.Xiaomi Technology France S.A.S., Xiaomi Technology Netherlands B.V., Shamrock Mobile GmbH, Xiaomi Technology Italy S.R.L., Xiaomi Technology Germany GmbH, Odiporo GmbH
The Court of Appeal addressed the service of a patent infringement statement of claim on Xiaomi entities located in China and Hong Kong. It held that service cannot be effected merely through a sister Xiaomi company domiciled in a contracting member state, as such a group company cannot automatically be treated as the defendant's registered seat, head office, principal place of business, or a place of business under Rule 271.5(a). The Court further held that service attempts under the Hague Service Convention pursuant to Rule 274.1(a)(ii) must generally be pursued before resorting to alternative service methods under Rule 275.
Apple Retail Germany B.V. & Co. KG v.Respondent
This order concerns an application by Apple entities (the appellants and defendants in the main infringement proceedings) to accelerate the appeal proceedings and shorten the time limit for filing the respondent's appeal response under Rules 225(e) and 9.3(b) of the Rules of Procedure. The underlying dispute involves Apple's appeal of the Court of First Instance President's order dated June 18, 2024, which rejected Apple's request to change the language of proceedings from German to English (the language of the patent EP 2263098). The Court of Appeal rejected the acceleration request, finding that Apple's interests in acceleration did not outweigh Ona Patents' interest in orderly proceedings.
Nera Innovations Ltd. v.Respondent
Nera Innovations Ltd. sought partial withdrawal of its appeal against two of four Xiaomi respondents (Xiaomi Technology Netherlands B.V. and Xiaomi Technology Germany GmbH), while continuing the appeal against Xiaomi Communications Co., Ltd. and Xiaomi Inc. The appeal concerned a first-instance order from the Local Chamber Hamburg that had rejected Nera's requests to serve the complaint on two defendants via Xiaomi Germany. The Court of Appeal considered whether the partial withdrawal should be permitted, taking into account whether the statement of appeal grounds had already been served on the affected respondents and whether they had a legitimate interest in a decision being rendered in relation to them.
Curio Bioscience Inc. v.10x Genomics, Inc.
This is an appeal before the Court of Appeal concerning the language of proceedings in a patent infringement dispute. Curio Bioscience Inc. appealed an order of the President of the Court of First Instance dated February 26, 2024, which had rejected Curio Bioscience's request to change the language of proceedings from German to English (the language of the patent EP 2 697 391). The dispute arose in the context of a provisional measures application filed by 10x Genomics against Curio Bioscience before the Local Division Düsseldorf. The Court of Appeal addressed the application under Article 49(5) of the UPC Agreement regarding the use of the patent language as the language of proceedings.
Curio Bioscience Inc. v.10x Genomics, Inc.
This order concerns an application under Rule 262A of the Rules of Procedure to restrict access to confidential information or evidence to certain persons during appeal proceedings. Curio Bioscience Inc., the appellant and defendant in the main proceedings before the Court of First Instance, sought to restrict access to a redacted document (Annex CR-1) filed in support of its appeal against the rejection of its request to change the language of proceedings from German to English. The Court of Appeal held that an unappealed order of the Court of First Instance under Rule 262A restricting access to certain information remains in effect after the conclusion of proceedings, including during appeal proceedings, unless otherwise specified.
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Huawei Technologies Co. Ltd
This procedural appeal before the Court of Appeal concerned the time limit for filing a Statement of Defense after a claim extension to add a new patent. Huawei had originally filed an infringement action on June 1, 2023, based solely on EP 3611989, and later sought to extend the claim to include EP 3678321. The Local Division Munich allowed the extension, prompting Netgear to appeal. The Court of Appeal addressed whether the defendant must be afforded the same time limit to respond to a newly added patent as would apply if a fresh action had been filed regarding that patent.
NETGEAR Deutschland GmbH, Netgear International Limited, Netgear Inc. v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal concerning a procedural appeal filed by Netgear against a decision of the Local Division Munich that separated the portion of the action based on European Patent EP 3678321 from the main proceedings under Rule 302.1 of the Rules of Procedure. The central legal principle established is that the principle of due process requires that when a new patent is added to an already pending action, the defendant must be granted the same time limit to file a statement of defense—and potentially a counterclaim for revocation—as would apply if a new action had been filed regarding that patent. During the interim hearing, Netgear conditionally withdrew certain requests subject to Huawei's agreement on an extended three-month response deadline.
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Respondent
This order concerns an application by Netgear for shortening of time limits (acceleration of appeal proceedings) under Rules 225(e) and 9.3(b) of the Rules of Procedure. Netgear had appealed an order of the Local Chamber Munich that granted Huawei's request to extend its claim to include a second European patent (EP 3678321) in the main proceedings, which originally concerned only EP 3611989. The Court of Appeal rejected the application for acceleration, holding that filing on the last day of the applicable time limits did not justify shortening, given the respondent's interests and principles of due process, even though this could result in the statement of defense being filed in the first instance proceedings before the appeal is decided.
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