Klaus Grabinski
5 IP cases indexed. Covers patent matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
Alpinestars S.p.A., Alpinestars Research S.p.A., Motocard Bike S.l. v.Dainese S.p.A.
This case concerns a request for discretionary review filed by Alpinestars before the Court of Appeal of the Unified Patent Court regarding an order of the Milan Local Division that separated proceedings concerning two European patents (EP '364 and EP '117). After the Local Division amended its impugned order and granted leave to appeal, Alpinestars withdrew its request for discretionary review. The Court of Appeal declared the proceedings closed and ordered reimbursement of 60% of the court fees to Alpinestars.
Amazon.com, Inc. et al. v.InterDigital VC Holdings, Inc. et al.
Amazon sought suspensive effect under Rule 223.4 RoP for its appeal against an order of the Local Division Mannheim that prohibited Amazon from pursuing anti-suit injunctions or equivalent measures before the UK High Court that would impede InterDigital's patent infringement proceedings before the UPC. The Court of Appeal, presided by Judge Klaus Grabinski, dismissed Amazon's request, finding that Amazon had not demonstrated the impugned order was manifestly erroneous or that irreversible harm was imminent.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company & Ors.
The Court of Appeal of the Unified Patent Court addressed a procedural question concerning the effective date of service of the Appellant's Statement of grounds of appeal in proceedings related to EP 3167888. The Appellant had uploaded the Statement of grounds to the Respondents' representative's German special electronic lawyer's mailbox (beA) on 27 July 2024, while the Court notified the Respondents via the Case Management System (CMS) on 29 July 2024. The Court held that under Rule 278.1 and 2 RoP, written pleadings are served by the Registry through the electronic CMS, and prior inter-party communication via another electronic system such as beA does not constitute effective service. The Court ordered that service of the Statement of grounds of appeal was effected on 29 July 2024.
Abbott Laboratories and Others v.DexCom, Inc
The appellants, a group of Abbott entities, filed an appeal under Rule 220.2 RoP contesting the €50,000 penalty ceiling set by the Paris Local Division's confidentiality order in a patent infringement action brought by DexCom, Inc. After learning that the Court of First Instance had not granted leave to appeal, the appellants withdrew the appeal. The President of the Court of Appeal held that without leave to appeal, the appeal was inadmissible from the outset and could not be withdrawn, and accordingly rejected it as inadmissible.
Abbott Laboratories and Others v.DexCom, Inc (UPC_CoA_5/2024)
The Abbott entities appealed a confidentiality order issued by the Paris Local Division in patent infringement proceedings brought by DexCom, contesting the €50,000 penalty ceiling as too low and seeking to raise it to €250,000. The President of the Court of Appeal held that under Rule 220.2 RoP, the appeal required leave from the Court of First Instance, which had not been granted, rendering the appeal inadmissible from the outset and incapable of being withdrawn.
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