in Patricia Rombach
36 IP cases indexed. Covers patent matters.
Cases Presided Over
36 cases indexed | Page 2 of 2
Curio Bioscience Inc. v.10x Genomics, Inc.
The Court of Appeal of the Unified Patent Court set aside the order of the President of the Court of First Instance (Local Division Düsseldorf) that had rejected Curio Bioscience's request to change the language of proceedings from German to English. The appeal concerned proceedings in which 10x Genomics sought provisional measures against Curio Bioscience regarding EP 2 697 391. The Court of Appeal held that the lower court's decision was based on an incorrect interpretation of fairness under Article 49(5) EPGÜ and ordered English as the language of proceedings.
Curio Bioscience Inc. v.10x Genomics, Inc.
The Court of Appeal of the Unified Patent Court addressed Curio Bioscience's application under Rule 262A of the Rules of Procedure to restrict access to confidential information to certain persons during appeal proceedings. The court rejected the application as superfluous, holding that the Local Division Düsseldorf's final confidentiality order of March 11, 2024, which was not appealed, already extended to the appeal proceedings and adequately protected the information in question.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
The Court of Appeal of the Unified Patent Court addressed an appeal by Netgear concerning the deadline for filing a Statement of Defense after Huawei extended its infringement action to include a second patent (EP 3678321). The Court held that due process requires the defendant to have the same time to respond to an added patent as if a new action had been filed, and set the defense deadline to April 18, 2024, running from the date of the Local Division's confirmation order (January 18, 2024) rather than from the earlier judge-rapporteur's order.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
This is an appeal before the Court of Appeal of the Unified Patent Court concerning the deadline for a defendant's response after a claim extension adding a new patent (EP 3678321) to an already pending infringement action. The Court of Appeal held that due process requires the defendant to have the same time to respond to the newly added patent as if a new action had been filed, and set aside the Court of First Instance's ruling that the response period began on December 11, 2023, instead fixing the deadline at April 18, 2024.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal of the Unified Patent Court concerning Netgear's request for 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 Division Munich that separated the claim based on EP 3678321 from the main proceedings under Rule 302.1. The Court of Appeal rejected Netgear's request for shortening of time limits, finding that granting it would not adequately consider Huawei's interest in adequate preparation time and would violate principles of proportionality, fairness, and equity.
Netgear Inc., Netgear Deutschland GmbH, Netgear International Limited v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal of the Unified Patent Court concerning Netgear's application for acceleration of appeal proceedings and shortening of time limits under Rules 225(e) and 9.3(b) of the Rules of Procedure. Netgear had appealed a decision of the Local Division Munich that allowed Huawei to extend its infringement claim to include a second European patent (EP 3678321). The Court of Appeal rejected Netgear's request for shortening the time limit for filing the response to the appeal, finding that granting the request would prejudice Huawei's right to adequate preparation time and would conflict with principles of proportionality, fairness, and due process.
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