in Patricia Rombach
36 IP cases indexed. Covers patent matters.
Cases Presided Over
36 cases indexed | Page 1 of 2
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
The Court of Appeal of the Unified Patent Court ordered Hefei Xinhu Canned Motor Pump Co., Ltd to provide security for costs of EUR 75,000 in each of two appeal proceedings (UPC_CoA_622/2025 and UPC_CoA_623/2025) brought against Grundfos Holding A/S. The court held that under Art. 69(4) EPGÜ, only the respondent to an appeal (Berufungsbeklagter) is entitled to request security for costs, and that the risk of enforcement difficulties in China justified the order.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
This decision of the Court of Appeal concerns the consequences of the withdrawal of an appeal by the main party (STRABAG) on the appeal lodged by its intervener (Chainzone) in a patent infringement case. The court held that an intervener cannot continue an appeal independently once the supported party withdraws its appeal following an out-of-court settlement, rendering the intervener's appeal moot. Chainzone's appeal was dismissed and it was ordered to bear its own costs.
STRABAG Infrastructure & Safety Solutions GmbH v.SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H.
This case concerns the withdrawal of an appeal by the main party (Strabag) following an out-of-court settlement with the opposing party (Swarco) in a patent infringement dispute concerning EP 2 643 717, and the consequences for the appeal independently filed by the intervener (Chainzone). The Court of Appeal admitted the withdrawal of Strabag's appeal and declared Chainzone's separate appeal moot under R. 360 of the Rules of Procedure, holding that an intervener cannot continue an appeal independently once the supported party withdraws from the proceedings.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., which relates to a light emitting diode (LED) of the flip-chip type. The Court of Appeal upheld the Local Division Düsseldorf's finding that the patent was invalid due to added matter (unzulässige Erweiterung) because claim 1, directed to an LED with only a single mesa, extended beyond the content of the earlier application. The appeal was dismissed and Viosys was ordered to bear the costs of the appeal proceedings.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., which relates to a flip-chip type light emitting diode (LED). The Court of Appeal upheld the first instance decision from the Local Division Düsseldorf, confirming that the patent is invalid due to inadmissible extension (added matter) because the claimed LED with only a single mesa extends beyond the content of the earlier application. The appeal was dismissed and Viosys was ordered to bear the costs of the appeal proceedings.
Roku International B.V. and Roku, Inc. v.Dolby International AB and Sun Patent Trust
The Court of Appeal of the Unified Patent Court rejected appeals by Roku against orders of the Local Division Munich that had dismissed Roku's objections to infringement actions brought by Dolby and Sun Patent Trust. The court held that Rule 19.1 of the Rules of Procedure provides an exhaustive list of permissible grounds for objection, that the UPC's jurisdiction under the UPCA does not infringe the division of tasks between the CJEU and national courts, and that the Administrative Committee was authorized to replace London with Milan as a division of the Central Division.
Roku International B.V. and Roku, Inc. v.Dolby International AB and Sun Patent Trust
Roku appealed orders of the Local Division Munich that had rejected its objections to the court's jurisdiction in three infringement actions brought by Dolby and Sun Patent Trust concerning three European patents. The Court of Appeal held that Rule 19.1 of the Rules of Procedure provides an exhaustive list of admissible grounds for objection, that the UPC's jurisdiction under Article 31 UPCA in conjunction with Articles 71a et seq. Brussels Ia Regulation and Article 32 UPCA does not interfere with the division of tasks between the CJEU and national courts under Articles 19 TEU and 267 TFEU, and that the Administrative Committee was authorized under Article 87(2) UPCA to replace London with Milan as a division of the Central Division. All appeals were dismissed.
Roku Inc. and Roku International B.V. v.Dolby International AB and Sun Patent Trust
The Court of Appeal of the Unified Patent Court dismissed Roku's appeals against orders of the Local Division Munich that had rejected Roku's objections to infringement actions brought by Dolby and Sun. The court upheld the admissibility of objections based on lack of jurisdiction under R. 19.1(a) RoP, confirmed the UPC's international jurisdiction under Art. 31 UPCA in conjunction with Art. 71a ff. Brussels Ia Regulation, and held that the Administrative Committee was authorized under Art. 87(2) UPCA (applied analogously) to replace London with Milan as a section of the Central Division following the UK's withdrawal from the EU.
expert klein GmbH and expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This appeal concerned European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd., relating to a flip-chip light-emitting diode (LED). The Court of Appeal reversed the first instance decision, holding that claim 1 of the patent contained an inadmissible extension of subject matter because feature 5.2 (openings near the edge of the substrate) was not clearly and unambiguously disclosed in the original application as filed. Claims 1, 4, 5, 6, and 9 were declared invalid, the infringement claims were dismissed, and Viosys was ordered to bear the costs.
Expert e-Commerce GmbH & Expert klein GmbH v.Seoul Viosys Co., Ltd.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 926 698, which relates to a flip-chip light-emitting diode (LED). The Court of Appeal overturned the first instance decision, finding that claim 1 (and dependent claims 4, 5, 6, and 9) contained an inadmissible extension of subject matter because a key feature regarding openings near the substrate edge was not clearly and unambiguously disclosed in the original parent applications. The Court declared the relevant claims invalid and rejected all infringement claims brought by Seoul Viosys.
Seoul Viosys Co., Ltd. v.expert klein GmbH & expert e-Commerce GmbH
The Court of Appeal of the Unified Patent Court issued an order on August 21, 2025, disregarding a post-hearing submission filed by Seoul Viosys Co., Ltd. after the oral hearing of July 11, 2025. Viosys had submitted a Rule 9 filing along with a post-hearing brief summarizing its arguments in response to the court's introduction. The court held that under Rule 36 RoP, further submissions require prior court approval and are not permitted after the oral hearing, when the case is ready for decision.
STRABAG Infrastructure & Safety Solutions GmbH v.SWARCO FUTURIT Verkehrssignalsysteme GmbH (Confidentiality Order)
This is an order of the Court of Appeal of the Unified Patent Court dated August 1, 2025, concerning requests for confidentiality and access/use restrictions in an appeal arising from a patent infringement action. The court partially granted the confidentiality requests of STRABAG and its intervener Chainzone, classifying certain information and annexes as confidential trade secrets under Art. 58 EPCA, while rejecting certain requests as inadmissible because they were first raised in the appeal proceedings regarding evidence already submitted in first instance.
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
The Court of Appeal of the Unified Patent Court dismissed Knaus Tabbert's objection (Gegenvorstellung) against the rejection of its request for suspensive effect of its appeal. The court held that an objection under Rule 9.1 of the Rules of Procedure, which merely contests the reasoning of the rejecting order, is inadmissible, as Rule 9.1 governs procedural management measures and does not permit the alteration of final procedural orders.
Belkin Limited, Belkin International, Inc., Belkin GmbH v.Koninklijke Philips N.V.
This is an appeal and cross-appeal before the Court of Appeal of the Unified Patent Court concerning a coercive fine (Zwangsgeld) imposed on Belkin for non-compliance with an information order related to the infringement of Philips' European Patent EP 2 867 997. The Court of Appeal reduced the coercive fine from €46,000 to €42,000, ordered a partial refund, and adjusted the cost allocation between the parties, while rejecting the further-reaching claims of both sides.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO FUTURIT Verkehrssignalsysteme GmbH (STRABAG Infrastructure & Safety Solutions GmbH)
This order concerns an application by Chainzone Technology (Foshan) Co., Ltd., as intervener supporting defendant STRABAG, for suspensive effect of its appeal against a decision of the Local Chamber Vienna. The Court of Appeal of the Unified Patent Court rejected the application, finding that Chainzone failed to demonstrate that the first-instance decision was manifestly incorrect or that fundamental procedural rights were violated. The substantive issues regarding patent claim interpretation and infringement will be addressed in the appeal proceedings.
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
This is a decision by the Court of Appeal of the Unified Patent Court concerning Knaus Tabbert AG's application for suspensive effect of its appeal against a first-instance decision of the Local Chamber Düsseldorf. The first-instance court had found that Knaus Tabbert infringed European Patent EP 3 356 109 (relating to a vehicle frame with foam resin structural parts) and ordered injunctive relief, recall, destruction, and provisional damages. The Court of Appeal rejected all of Knaus Tabbert's requests, holding that ordering security for enforcement is discretionary and that facts requiring such security must be raised at first instance.
SharkNinja Europe Limited & SharkNinja Germany GmbH v.Dyson Technology Limited
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.
Fives ECL, SAS v.REEL GmbH
The Court of Appeal of the Unified Patent Court overturned a decision by the Local Division Hamburg which had held that the UPC lacked jurisdiction to quantify damages following a final national infringement judgment. The court ruled that the UPC has jurisdiction for a standalone claim for determination of damages after a national court has established patent infringement and the infringer's obligation to pay damages, and that this jurisdiction extends to infringing acts committed before the UPC Agreement entered into force on June 1, 2023, provided the European patent was still in force at that time.
SharkNinja Germany GmbH & SharkNinja Europe Limited v.Dyson Technology Limited
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.
SharkNinja Europe Limited & SharkNinja Germany GmbH v.Dyson Technology Limited
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.
SharkNinja Germany GmbH & SharkNinja Europe Limited v.Dyson Technology Limited
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.
Mammut Sports Group AG and Mammut Sports Group GmbH v.Ortovox Sportartikel GmbH
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning the confirmation of an ex parte interim injunction in favor of Ortovox against Mammut for alleged infringement of European Patent EP 3 466 498, which relates to avalanche victim search devices. The Court of Appeal rejected Mammut's appeal, finding that Ortovox had not engaged in unreasonable delay in seeking interim measures and that the requirements for provisional relief were met. Mammut was ordered to bear the costs of the appeal proceedings and to pay additional provisional costs of €19,858.40.
Mammut Sports Group AG & Mammut Sports Group GmbH v.Ortovox Sportartikel GmbH
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 466 498, which relates to avalanche victim search devices (LVS-Geräte). Ortovox had obtained an ex parte interim injunction against Mammut before the Local Division Düsseldorf, which was confirmed on review. Mammut appealed the confirmation, and the Court of Appeal dismissed the appeal, finding that Mammut had waited too long before seeking review and that the interim measures were justified. Mammut was ordered to bear the costs of the appeal proceedings and pay additional provisional costs of €19,858.40.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH v.Panasonic Holdings Corporation
This is an appeal order from the Court of Appeal of the Unified Patent Court concerning applications for production of evidence under Rule 190 RoP in SEP/FRAND litigation. OPPO and OROPE appealed the Local Division Mannheim's refusal to order Panasonic to produce various license agreements. The Court of Appeal dismissed the appeals, holding that at the current stage of proceedings, the applications did not meet the requirements of necessity and proportionality, though the assessment could change at a later stage.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. & OROPE Germany GmbH v.Panasonic Holdings Corporation
The Court of Appeal of the Unified Patent Court dismissed appeals by OPPO and OROPE against orders of the Local Chamber Mannheim that had rejected their applications for production of evidence under Rule 190 RoP in patent infringement proceedings concerning 4G standard-essential patents. The court held that, at the current stage of proceedings, the applications did not meet the requirements of necessity and proportionality, but left open the possibility that a different assessment could be reached at a later stage when FRAND-related issues are addressed.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. & OROPE Germany GmbH v.Panasonic Holdings Corporation
The Court of Appeal of the Unified Patent Court dismissed appeals by OPPO and OROPE against orders of the Local Division Mannheim that had rejected their applications for production of evidence under R.190 RoP in patent infringement proceedings concerning 4G standard-essential patents. The court held that at the current stage of the proceedings, where the question of basic licensing willingness had not yet been decided, the applications did not meet the requirements of necessity and proportionality, though the assessment could differ at a later stage.
Panasonic Holdings Corporation v.Xiaomi Technology Germany GmbH & Others
Panasonic Holdings Corporation filed a patent infringement action before the Local Division Mannheim against several Xiaomi entities, including Xiaomi Inc., Beijing Xiaomi Mobile Software Co. Ltd., Xiaomi Communications Co. Ltd. (based in China), and Xiaomi H.K. Limited (based in Hong Kong). Panasonic sought to serve these Asian Xiaomi entities through Xiaomi Technology Germany GmbH, a sister company within the same corporate group. The Court of Appeal dismissed Panasonic's appeal, holding that a defendant company in China or Hong Kong cannot be served through a group company in a contracting member state without further justification, and that service attempts under the Hague Service Convention must generally be made before alternative service methods can be employed.
10x Genomics, Inc. and President and Fellows of Harvard College v.NanoString Technologies Inc., NanoString Technologies Germany GmbH, and NanoString Technologies Netherlands B.V.
The Court of Appeal of the Unified Patent Court rejected as inadmissible an application by 10x Genomics and Harvard College for re-examination of proceedings (Wiederaufnahme des Verfahrens) under R.245 RoP. The application sought to challenge the Court of Appeal's earlier decision overturning a preliminary injunction in favor of 10x regarding EP 4108782. The court held that the phrase indicating assessment by a technically qualified court did not constitute use of personal judicial opinion as evidence, and that the cost order in the interim proceedings had a proper legal basis under R.242.1 RoP.
Apple Retail Deutschland B.V. & Co. KG and Others v.Ona Patents SL
This is an order from the Court of Appeal of the Unified Patent Court dated July 11, 2024, concerning Apple's request to accelerate the appeal proceedings and shorten the deadline for Ona Patents SL to file its response to the appeal. The court rejected Apple's acceleration request, finding that Apple's interests in expediting the proceedings did not outweigh Ona's interests in a proper proceeding. The underlying dispute involves an infringement action by Ona against Apple based on EP 2 263 098, and Apple's prior request to change the procedural language from German to English, which had been rejected by the President of the Court of First Instance.
Nera Innovations Ltd. v.Xiaomi Communications Co., Ltd. and Others
Nera Innovations Ltd. appealed a decision of the Local Chamber Hamburg rejecting its request to serve the complaint on two Chinese Xiaomi entities through Xiaomi Germany. After filing the appeal, Nera sought partial withdrawal of the appeal against the two European Xiaomi entities (Netherlands and Germany), seeking to continue the appeal only against the Chinese entities. The Court of Appeal rejected the partial withdrawal, holding that Xiaomi NL and Xiaomi DE had a legitimate interest in remaining in the appeal proceedings since they had already been served and had filed responses.
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