Ingeborg Simonsson
85 IP cases indexed. Covers patent matters.
Cases Presided Over
85 cases indexed | Page 3 of 3
Koninklijke Philips N.V. v.Belkin Limited, Belkin GmbH, Belkin International, Inc.,
The Court of Appeal issued an order concerning Belkin's application for suspensive effect (stay) of a first instance order dated September 13, 2024, in a patent infringement action brought by Koninklijke Philips N.V. regarding EP 2 867 997. The appeal involved both the Belkin corporate entities and individual managing directors. The court addressed the requirements for applications for suspensive effect, the standard for granting such effect, and the question of whether managing directors of an infringing company can be held liable as intermediaries under Article 63 EPGÜ.
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.
EOFLOW Co., Ltd. v.Insulet Corporation
EOFlow appealed an order of the Central Division Milan that denied its request to join two parallel provisional measures proceedings concerning alleged infringement of European patent EP 4 201 327. EOFlow additionally requested the Court of Appeal to expedite the appeal and shorten deadlines so that a decision could be issued before the scheduled oral hearings in the first instance. The Court of Appeal rejected the request for expedition, finding that EOFlow had unnecessarily delayed filing its appeal and had not sufficiently taken into account the respondent's right to file a response.
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.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Suinno Mobile & AI Technologies Licensing Oy sought discretionary review of an order by the Paris Central Division that granted Microsoft Corporation's request for security for costs and declared Suinno's own request for security inadmissible. The Court of Appeal held the request for discretionary review inadmissible because Suinno had not first requested the Court of First Instance to grant leave to appeal, as required under Rule 220.2 RoP before a discretionary review under Rule 220.3 RoP can be pursued.
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.
Kinexon Sports & Media GmbH, Kinexon GmbH, Union des Associations Européennes de Football (UEFA) v.Respondent
This case concerns a request by Kinexon Sports & Media GmbH, UEFA, and Kinexon GmbH for security for costs of the appeal proceedings against Ballinno B.V. before the Court of Appeal. Ballinno had previously been ordered by the Court of First Instance (Hamburg Local Division) to provide €56,000 in security for costs and had its application for provisional measures dismissed. The appeal concerns both the security order and the main order dismissing the provisional measures application. The matter relates to European Patent EP 1 944 067.
Daedalus Prime LLC v.Xiaomi Inc., Xiaomi Communications Co., Ltd., Xiaomi Technology Netherlands B.V., MediaTek Inc. (Headquarters), Xiaomi Technology Germany GmbH
Daedalus Prime LLC brought a patent infringement action before the Hamburg Local Division of the Unified Patent Court against five defendants, including Chinese and Taiwanese entities, seeking to serve the Statement of claim on the Chinese Xiaomi companies via Xiaomi Germany and on MediaTek (Taiwan) via MediaTek Germany GmbH under Rule 271.5(a) RoP. The Local Division dismissed the request, holding that service must follow Rules 273 and 274 RoP. On appeal, the Court of Appeal rejected Daedalus's appeal, confirming that group companies in Contracting Member States cannot automatically be treated as statutory seats, central administrations, or principal places of business of defendants domiciled in China or Taiwan, and that Hague Convention methods (for China) and diplomatic/consular channels (for Taiwan) must first be attempted.
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.
Daedalus Prime LLC v.Respondent
Daedalus Prime LLC applied to withdraw its appeal against two of five respondents (Xiaomi Technology Netherlands B.V. and Xiaomi Technology Germany GmbH) in proceedings before the Court of Appeal of the Unified Patent Court, while continuing the appeal against the remaining three respondents. The Court of Appeal rejected the application, holding that the two respondents had a legitimate interest in the appeal being decided because they had been served with the Statement of claim, had responded to the appeal, and would be directly or indirectly affected by the outcome regarding service on affiliated companies.
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.
Daedalus Prime LLC v.Xiaomi Communications Co., Ltd., Xiaomi Inc., Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH, MediaTek Inc.
Daedalus Prime LLC sought a panel review of a judge-rapporteur's order denying its request for an extension of time to lodge its Statement of grounds of appeal in proceedings concerning EP 2792100. The Court of Appeal confirmed the denial, holding that Daedalus could and should have sought external advice and comprehensively set out its arguments before lodging the Statement of claim, and that CMS issues were insufficient to justify an extension.
AIM Sport Development AG v.Supponor Italia SRL, Supponor SASU, Supponor España SL, Supponor Oy, Supponor Limited
AIM Sport Development AG appealed a decision of the Local Division Helsinki that dismissed both its infringement action and its application for provisional measures concerning European patent EP 3 295 663, on the ground that the court lacked competence due to an opt-out. The central issue on appeal was whether the two-month appeal period under R.220.1(a) RoP or the fifteen-day period under R.220.1(c) RoP applied. The Court of Appeal held the appeal admissible, finding that the ambiguity in the rules and the incorrect information provided by the Court of First Instance justified applying the longer two-month period, while extending the respondent's time to respond to three months.
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.
Ocado Innovation Limited v.Autostore Sp. z o.o., Autostore System GmbH, Autostore System AT GmbH, Autostore System AB, Autostore System S.L, Autostore System Srl, Autostore AS, Autostore S.A.S.
The Court of Appeal dismissed an appeal by Ocado Innovation Limited against an order of the Nordic-Baltic Regional Division granting a member of the public access to the statement of claim in underlying infringement proceedings against multiple Autostore entities. The Court held that the Court of Appeal could validly sit in a composition of three legally qualified judges under Article 9(1) UPCA when only non-technical issues were in dispute. It further held that requests for public access under Rule 262.1(b) RoP require a balancing of the public interest against the interests protected under Article 45 UPCA, and that access could be granted even where proceedings had ended by settlement.
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.
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This order concerns a procedural request by the Appellants (Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH) for expedition of appeal proceedings, specifically seeking shortening of the time period for lodging the Statement of response pursuant to R.9.3(b) RoP. The appeal was directed against an order of the Court of First Instance concerning the language of the proceedings under R.323 RoP. The Court of Appeal dismissed the request, finding that the interests of the Respondent (Panasonic Holdings Corporation) and principles of due process outweighed the Appellants' interest in expedition, even though this meant the Statement of defence in the main proceedings would have to be lodged in the contested language of proceedings.
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This order concerns an appeal before the Court of Appeal against an order of the Court of First Instance regarding the language of the proceedings under R.323 RoP. The Appellants (OPPO and OROPE Germany) filed a request on the last day of the time periods under R.224.1(b) and R.224.2(b) RoP for expedition of the appeal proceedings, seeking shortening of the time period for lodging the Statement of Response. The Court of Appeal dismissed the request for expedition, holding that despite the procedural inconvenience, the interests of the Respondent and principles of due process required that the Statement of Response be filed in the normal time period, even though this meant the Statement of Defence in the first instance proceedings had to be lodged in the contested language of proceedings.
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
The Court of Appeal of the Unified Patent Court dismissed a request by the Appellants (OPPO and OROPE) for expedition of the appeal, specifically seeking shortening of the time period under R.9.3(b) RoP for lodging the Statement of response. The request was filed on the last day of the time periods under R.224.1(b) and R.224.2(b) RoP in an appeal against an order concerning the language of proceedings (R.323 RoP). The Court held that the request had to be dismissed in view of the interests of the respondent and principles of due process, even though this meant the Statement of defence in the first instance proceedings would have to be lodged in the contested language of proceedings.
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