Ingeborg Simonsson
85 IP cases indexed. Covers patent matters.
Cases Presided Over
85 cases indexed | Page 1 of 3
Amgen N.V., Amgen S.R.L, Amgen GmbH, Amgen B.V., Amgen S.A.S., Amgen Inc., Amgen Europe B.V. v.Regeneron Pharmaceuticals Inc. and Sanofi Biotechnology SAS
This appeal concerned EP 3 536 712, where Amgen had appealed a decision of the Düsseldorf Local Division dismissing its counterclaim for revocation. After the written procedure was closed and an oral hearing was scheduled, the parties reached an out-of-court settlement, and Amgen applied to withdraw the appeal pursuant to R. 265 RoP, with Sanofi and Regeneron consenting. The Court of Appeal permitted the withdrawal and declared the proceedings closed, but dismissed Amgen's request for reimbursement of court fees because the withdrawal occurred after the closure of the written procedure, falling outside the scope of R. 370.9(b) RoP.
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc. v.Amgen N.V., Amgen S.R.L, Amgen GmbH, Amgen B.V., Amgen S.A.S., Amgen Inc., Amgen Europe B.V.
This appeal concerned EP 3 536 712, where Sanofi and Regeneron appealed a decision of the Düsseldorf Local Division dated 13 May 2025 that dismissed their infringement action and ordered them to bear the costs. After the written procedure was closed, the appellants applied to withdraw the appeal pursuant to R. 265 RoP, indicating the parties had reached an agreement, and sought reimbursement of 50% of court fees. The Court of Appeal permitted the withdrawal, declared no cost decision necessary, but dismissed the request for reimbursement of court fees because the withdrawal occurred after the closure of the written procedure.
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
This appeal concerned the review of an ex parte order for inspection issued by the Local Division Düsseldorf. Ecovacs had applied for an order to inspect and preserve evidence of Roborock's robot vacuum cleaners exhibited at the IFA 2025 trade fair in Berlin, alleging potential infringement of EP 3 808 512. The Court of Appeal addressed the heightened duty of candour imposed on applicants seeking ex parte orders under R. 192.3 RoP, holding that omissions and distorted accounts of material facts relevant to the proportionality assessment cannot be remedied by later submissions in response to a request for review.
Gowling WLG (applicant) in Sumi Agro Limited and Sumi Agro Europe Limited v.Syngenta Limited
This decision by the Court of Appeal of the Unified Patent Court concerns a request by Gowling WLG, a law firm, for public access to written pleadings and evidence from terminated appeal proceedings (UPC_CoA_523/2024) between Sumi Agro and Syngenta concerning patent EP 2 152 073. The Court held that reasoned requests for access must be directed to the relevant court instance (Court of First Instance or Court of Appeal) and must be sufficiently specified. The request was granted in part for the listed written pleadings but dismissed for exhibits (as too ambiguous) and for two application documents that did not exist in the appeal file.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
The Court of Appeal of the Unified Patent Court rejected Suinno's applications for rehearing of its 12 July 2025 order and decision, which had upheld a €300,000 security for costs order and entered a default decision dismissing Suinno's infringement action against Microsoft regarding EP 2 671 173. The Court held that Suinno failed to establish a fundamental procedural defect under Art. 81(1) UPCA, as its arguments amounted to mere disagreement with the Court's reasoning rather than demonstrating a defect so serious that the same decision would not have been taken without it.
Gowling WLG (applicant) in Boehringer Ingelheim International GmbH v.Zentiva Portugal, LDA.
Gowling WLG, a firm of UPC representatives, requested access under R. 262.1(b) RoP to written pleadings and evidence from appeal proceedings (UPC_CoA_446/2025 and 520/2025) concerning EP 1 830 843. The Court of Appeal held that reasoned requests for access must be made separately to each instance, that requests must be specified and cannot require the Court to search and select documents, and granted partial access to the written pleadings with redactions for personal data and confidential information while dismissing the request for exhibits as overly broad.
Guardant Health, Inc. v.Sophia Genetics SA, Sophia Genetics SAS, Sophia Genetics SRL, Sophia Genetics GmbH
Guardant Health appealed an order of the Paris Local Division rejecting its application for provisional measures against Sophia Genetics regarding European Patent EP 3 443 066, and sought suspensive effect for the associated interim award of costs of EUR 400,000. The Court of Appeal held the application for suspensive effect admissible but unfounded, finding that Guardant failed to demonstrate manifest errors or infringement of fundamental procedural rights, as the record showed both parties had requested interim reimbursement of costs of EUR 600,000. The Court rejected Sophia's request to set a payment deadline and dismissed it as inadmissible.
PAPST LICENSING GmbH & Co. KG v.Europäisches Patentamt (EPA)
Papst Licensing appealed a decision of the Paris Central Division of the Unified Patent Court that had upheld the European Patent Office's rejection of its request for unitary effect for European patent EP 3 327 608. The patent, derived from a divisional application of a Euro-PCT application filed in 2005, did not include Malta among its designated states because Malta acceded to the European Patent Convention only in 2007. The Court of Appeal held that Article 3(1) of Regulation 1257/2012 cannot be interpreted to allow registration of unitary effect for a granted European patent that does not include the designation of one of the participating Member States, and accordingly rejected the appeal, with each party bearing its own costs.
Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France v.Viatris Santé
This order from the Court of Appeal addresses a request under Rule 262.2 of the Rules of Procedure concerning the confidentiality of information in written pleadings or evidence. The Court clarified that only Rule 262A RoP permits restricting the opposing party's use of confidential information, and that a Rule 262.2 request does not automatically grant provisional protection against disclosure. The Court further explained the proper procedure for confidentiality orders, including the requirement to file a simultaneous Rule 262A application when lodging confidential documents, and noted that documents uploaded under HC code without a legal basis will routinely be reclassified to M code to ensure access by the other parties.
VMR Products LLC v.NJOY Netherlands B.V.
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding EP 3 613 453. After the Boards of Appeal of the EPO revoked the patent during the appeal proceedings, VMR Products (the appellant/defendant) applied to withdraw its appeal, which NJOY (the respondent/claimant) consented to. The Court permitted the withdrawal, ordered VMR Products to bear the costs of the appeal proceedings, and granted a 20% refund of the appeal court fees under the version of R. 370.9(b)(iii) RoP applicable before 1 January 2026.
Juul Labs International, Inc. v.NJOY Netherlands B.V.
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding the revocation of European Patent EP 3 430 921. After the Central Division Paris revoked the patent and the EPO Boards of Appeal subsequently confirmed the revocation, Juul Labs applied to withdraw its appeal under R. 265 RoP, which NJOY consented to. The Court permitted the withdrawal, ordered Juul Labs to bear the costs of the appeal proceedings, and granted a 60% reimbursement of the appeal court fees under the pre-amendment R. 370.9(b) RoP.
VMR Products LLC v.NJOY Netherlands B.V.
VMR Products LLC, proprietor of European Patent EP 3 456 214 relating to a vaporizer (electronic cigarette), appealed a decision of the Paris Central Division that revoked the patent in its entirety for lack of inventive step. The Court of Appeal rejected the appeal, confirming that the patent's claims, including independent claim 1 and dependent claims, lack an inventive step over the prior art, particularly the Pan reference. VMR Products was ordered to bear the costs of the appeal proceedings.
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.
DOCKET NAVIGATOR (applicant) in Sumi Agro Limited, Sumi Agro Europe Limited v.Syngenta Limited
Docket Navigator, a US-based patent litigation intelligence platform, requested access to written pleadings and evidence from concluded UPC Court of Appeal proceedings between Syngenta and Sumi Agro, intending to make these documents available to its subscribers. Both Sumi Agro and Syngenta objected, citing copyright concerns, pending rehearing proceedings, and the commercial nature of Docket Navigator's platform. The Court of Appeal rejected the request, holding that copyright is not a general interest protected under Art. 45 UPCA and that granting access to a company intending to redistribute documents to subscribers would compromise the proper conduct of proceedings.
Innovative Sonic Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd., OnePlus Technology (Shenzhen) Co. Ltd., Realme Chongqing Mobile Telecommunications Corp., Ltd., OROPE Germany GmbH, OTECH Germany GmbH, Realme Germany GmbH, Oleading B.V., Reflection Investment B.V
The Court of Appeal of the Unified Patent Court dismissed Innovative Sonic Corporation's appeal against an order of the President of the Local Division Munich that changed the language of proceedings from German to English. The court held that when deciding on a request to change the language of proceedings on grounds of fairness, all relevant circumstances must be considered, primarily those related to the specific case and the position of the parties, particularly the defendant.
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.
expert klein GmbH, expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This is an order from the Court of Appeal of the Unified Patent Court concerning an application for leave to appeal against a cost decision of the Local Division Düsseldorf and a proposed preliminary reference to the Court of Justice of the European Union under Article 267 TFEU. The underlying dispute involved Seoul Viosys's infringement action against the expert companies concerning European Patent EP 3 223 320, which the Local Division had revoked following a counterclaim for invalidity and ordered Viosys to pay the costs. The Court of Appeal addressed fundamental questions about the scope of the UPC's ability to refer matters to the CJEU, holding that while the UPC may request interpretation of EU law, it cannot request interpretation of the UPCA itself or its Rules of Procedure.
Union des Associations Européennes de Football (UEFA), Kinexon GmbH, Kinexon Sports & Media GmbH v.Respondent
This case concerns an application for the release of security for procedural costs in appeal proceedings before the Court of Appeal. Ballinno B.V. had been ordered on 26 August 2024 to provide €25,000 in security for the legal costs of the Kinexon companies and UEFA, which it duly provided. Following the adjudication of the appeal on 26 June 2025 and the parties' subsequent settlement agreement, Kinexon requested release of the security with the consent of Ballinno and UEFA. The Court of Appeal ordered the full release and transfer of the €25,000 deposit to Kinexon Sports GmbH's bank account.
Barco N.V. v.Respondent
This appeal before the Court of Appeal of the Unified Patent Court concerned Barco N.V.'s application for leave to change its claim and request for exchange of further written pleadings in proceedings related to alleged infringement of EP 3 732 827. The Court of First Instance (Brussels Local Division) had dismissed Barco's application for provisional measures for lack of urgency. The Court of Appeal denied Barco's application to introduce a subsidiary claim, finding it broadened the original claim without justification for late amendment, and also rejected Barco's requests for further written pleadings and to disregard portions of Yealink's Statement of response.
BOEHRINGER INGELHEIM INTERNATIONAL GMBH v.ZENTIVA PORTUGAL, LDA
Boehringer Ingelheim, proprietor of European patent EP 1 830 843 covering nintedanib for treating fibrotic diseases including idiopathic pulmonary fibrosis (IPF), sought provisional measures against Zentiva, which held Portuguese marketing authorisations for generic nintedanib products and had completed national pricing and reimbursement procedures. The Lisbon Local Division denied the application, finding no imminent infringement, but the Court of Appeal reversed, holding that completion of national health technology assessment, pricing and reimbursement procedures can constitute imminent infringement. The Court of Appeal granted a provisional injunction against Zentiva across all UPC territories where the patent is in force, coupled with recurring penalty payments, and ordered Zentiva to pay €199,000 in interim costs.
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.
Tiroler Rohre GmbH v.SSAB Swedish Steel GmbH, SSAB Europe Oy
This case concerns an appeal by Tiroler Rohre GmbH against a cost assessment order issued by the Local Division Munich in proceedings concerning EP 2 839 083. Tiroler Rohre had applied for provisional measures against SSAB but withdrew the application after the court indicated concerns during the oral hearing. The Local Division ordered Tiroler Rohre to pay costs, and SSAB subsequently sought detailed cost assessment. Tiroler Rohre appealed, arguing that a separate cost assessment procedure was inadmissible because the cost decision had already been made together with the withdrawal decision under Rule 265 of the Rules of Procedure.
Ballinno B.V. v.Kinexon GmbH, Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA)
This appeal concerned an order for security for costs and the disposal of an action that had become devoid of purpose. Ballinno B.V., the proprietor of European patent EP 1 944 067 relating to a method and system for detecting an offside situation, had applied for provisional measures against the Kinexon companies and UEFA before the Hamburg Local Division. After withdrawing its requests for provisional measures on appeal, the Court of Appeal held that the action had become devoid of purpose and disposed of it pursuant to R. 360 RoP, treating Ballinno as the unsuccessful party at both instances.
Alexion Pharmaceuticals, Inc. v.Respondent
Alexion Pharmaceuticals, proprietor of European Patent 3 167 888 concerning treatment of paroxysmal nocturnal hemoglobinuria, applied for a rehearing of the Court of Appeal's order dismissing its appeal against the Hamburg Local Division's refusal of provisional measures against Samsung Bioepis. Alexion alleged fundamental procedural defects, claiming the Court of Appeal applied a new claim interpretation standard without giving it an opportunity to be heard and based its decision on incorrect facts. The Court of Appeal rejected the application as not allowable, holding that a rehearing is an extraordinary remedy requiring a defect so fundamental that the same decision could not have been reached without it, and that mere disagreement with the court's reasoning does not constitute such a defect.
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.
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