Kerstin Roselinger
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 cases indexed | Page 1 of 1
Hurom Co., Ltd. v.NUC Electronics Europe GmbH
This UPC Court of Appeal decision involved multiple appeals concerning infringement and international jurisdiction related to a juice extractor patent. The court addressed complex procedural issues regarding how parties establish their choice of forum under Brussels Ia Regulation, while also reviewing the merits of the claims. Ultimately, the appeal decisions were partially set aside, confirming certain jurisdictional limitations but maintaining the financial value of the dispute at €675,000.
A. Menarini Diagnostics S.r.l. v.F. Hoffmann- La Roche AG
This UPC appeal case involved an application for interim measures concerning patent EP 1 962 668, filed by Menarini Diagnostics against Roche. After the initial proceedings at the Local Division of Düsseldorf, the parties reached an out-of-court settlement. Consequently, the claimants withdrew their request for provisional relief. The UPC Board of Appeal accepted this withdrawal and terminated the case, highlighting the importance of amicable resolution in complex patent litigation.
Fisher & Paykel Healthcare Limited v.Flexicare (Group) Limited
In this procedural order, the UPC Court of First Instance addressed a defendant's attempt to introduce late-filed auxiliary amendments (requests 2A to 13A) into an ongoing revocation action. The claimant argued these requests violated Rule 30.2 RoP by being introduced without proper procedure. The Court ultimately rejected the request, emphasizing that while proportionality is considered, the preclusive nature of the rules against 'little steps' amendments must be respected.
Fisher & Paykel Healthcare Limited v.Flexicare (Group) Limited
This procedural order addressed a request by the defendant to introduce subsequent, limiting auxiliary claims into a revocation action concerning a medical device patent (EP4185356). The Court emphasized its commitment to maintaining the integrity and efficiency of UPC proceedings. Despite arguing that the new amendments were merely responsive to the claimant's objections, the Court rejected them, reinforcing the strict procedural requirements for amending patents during litigation.
Panasonic Holdings Corporation v.Xiaomi Inc., Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This UPC decision addressed a dispute over the refund percentage for court fees following the withdrawal of patent infringement claims. Panasonic Holdings Corporation sought an increase from 40% to 60%, arguing that they were not properly informed about the conclusion of written proceedings. The Court upheld the initial ruling, emphasizing that despite the complexity of the case, the established framework for fee refunds was maintained. This decision reinforces the court's discretion under Rule 370.9(e) EPGVerfO to limit refunds in cases where the judicial effort expended is deemed substantial.
Panasonic Holdings Corporation v.Xiaomi Inc., Guangdong OPPO Mobile Telecommunications Corp. Ltd.
In this UPC decision, Panasonic Holdings Corporation challenged a lower court's ruling regarding the percentage of court fee refunds after withdrawing its infringement claims against Xiaomi and OPPO. Panasonic sought an increase from 40% to 60%, arguing that procedural timing was unclear. However, the Local Division upheld the original 40% refund, emphasizing that while the case was complex, the statutory rules governing fee reduction based on withdrawal timing must be strictly applied.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
Panasonic Holdings Corporation sought to expand its infringement lawsuit against Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH to include OTECH Germany GmbH. The UPC Local Division of Munich rejected the request for party change, citing procedural issues and process economics. While the claimant argued lack of prior knowledge regarding OTECH's activities, the court maintained that the delay was not justifiable and suggested a new separate action could be filed if necessary.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
In this UPC decision, the court addressed a procedural dispute regarding the submission of pleadings in an infringement case. The respondents sought extensions for their reply and rejoinder, citing redacted documents from the claimant's initial filing. However, the court rejected these requests, establishing a strict rule that placeholders via redactions are procedurally unacceptable. This ruling emphasizes the importance of full transparency and timely disclosure of all arguments to ensure a fair defense process in UPC litigation.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This UPC decision addressed a request for confidentiality protection under Rule 262A VerfO in an infringement case involving OPPO and Panasonic. The court confirmed that the information was indeed confidential but modified the scope of access and rejected the demand for document destruction post-trial. This ruling provides clarity on balancing the need for secrecy with the practical requirements of litigation, particularly regarding permissible access by legal representatives.
Steindl Krantechnik Gesellschaft m.b.H. v.BEHA Bau- und Forstgreiftechnik, Inh. Georg Beha e.K.
This UPC decision confirms a settlement reached between Steindl Krantechnik and BEHA Bau- und Forstgreiftechnik regarding EP3287315. The court formally validated the terms of the agreement, which was initially filed as an application for provisional measures. Crucially, both parties successfully requested that the details of this confidential settlement be kept private by the UPC.
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