Klaus Loibner
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 cases indexed | Page 1 of 1
SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. v.STRABAG Infrastructure & Safety Solutions GmbH
This UPC appellate decision addresses the complex legal status of a third-party intervenor (Streithelfer) when the main party withdraws their appeal. The case involved Strabag and Swarco, with Chainzone intervening to support Strabag's position regarding patent EP 2 643 717. When Strabag settled out of court and withdrew its appeal, the UPC ruled that Chainzone’s intervention became legally moot. This decision clarifies strict rules governing third-party involvement in appellate proceedings.
SWARCO Futurit Verkehrssignalsysteme GmbH v.Chainzone Technology (Foshan) Co., Ltd.
This UPC appellate decision addresses the complex legal status of a third-party assisting party (Streithelfer) when the main supported party withdraws their appeal. Chainzone, acting as an assistant to Strabag, sought to continue its own infringement appeal against Swarco. However, because Strabag reached an out-of-court settlement and withdrew its appeal, the court ruled that Chainzone's independent legal standing was lost. Consequently, Chainzone's appeal was dismissed without subject matter.
Motorola Mobility LLC v.ASUSTek Computer Inc; ASUS Computer GmbH; ASUSTEK (UK) LIMITED
Motorola Mobility LLC brought an infringement action against ASUSTek and its subsidiaries regarding the use of their 5G-enabled devices, alleging that these products utilized technology covered by EP 3 972 309. The Munich Local Division ultimately dismissed the infringement claim. Crucially, the court also declared claims 1 and 11 of the patent invalid for a wide range of UPC member states, providing a significant defense for the defendants.
Motorola Mobility LLC v.ASUSTek Computer Inc, ASUS Computer GmbH, ASUSTEK (UK) LIMITED
Motorola Mobility LLC brought an infringement action against ASUSTek-affiliated companies regarding their 5G products, alleging that the devices utilized technology covered by EP 3 972 309. The Munich Local Division ultimately dismissed the infringement claim. Crucially, the court also declared claims 1 and 11 of the patent invalid in numerous UPC member states, providing a dual victory for the defendants.
Swarco Futurit Verkehrssignalsysteme GmbH v.Strabag Infrastructure & Safety Solutions GmbH
This UPC appellate decision addressed a request for confidentiality regarding technical data and measurement reports in an infringement case involving traffic signaling systems. The court confirmed that certain non-obvious product properties qualify as trade secrets under Article 58 EPC, provided they are kept confidential. While the court granted protection to specific documents submitted by Strabag, it rejected broader requests from both Swarco (the claimant) and Chainzone (the assisting party), setting clear boundaries on information disclosure in UPC proceedings.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
This UPC Board of Appeal decision concerns an application by Chainzone Technology to suspend the effect of a judgment against it, which had found it liable for patent infringement. The appeal was filed following a local court ruling that largely favored Swarco, the patent holder. The Board ultimately rejected Chainzone's request for suspension, citing insufficient substantiation in its legal arguments regarding the interpretation of the patent claim.
AYLO FREESITES LTD v.DISH Technologies L.L.C.
This UPC appeal decision addresses complex issues of international jurisdiction in patent infringement cases involving internet-based services. The court provided a clear interpretation of how Article 7(2) of the Brussels Ia Regulation applies to digital infringement, stating that potential damage can arise from accessing services within the member state where the patent is effective. This ruling provides significant guidance for practitioners dealing with cross-border streaming and software patents.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE
In this UPC decision, Avago Technologies sued Tesla regarding the infringement of EP 1 838 002, a patent covering programmable hybrid transmitters. The court ultimately ruled in favor of Tesla, declaring the patent invalid for Germany because its claims were anticipated by prior art (D3). This ruling not only dismissed the infringement claim but also established a significant precedent regarding the enforceability of patents facing strong prior art challenges within the UPC framework.
VusionGroup SA (vormals SES-imagotag SA) v.Hanshow Technology Co. Ltd, Hanshow France SAS, Hanshow Germany GmbH, Hanshow Netherlands B.V.
VusionGroup SA appealed a decision rejecting its application for provisional measures against Hanshow Technology regarding EP 3883277, which covers electronic price labels. The UPC Board of Appeal found that the products manufactured by Hanshow did not meet all the technical requirements defined in the patent claims. As a result, the appeal was dismissed, confirming the initial rejection and holding VusionGroup liable for legal costs.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH; Tesla Manufacturing Brandenburg SE
In this UPC case, Avago Technologies sued Tesla entities for infringement of EP1838002. Concurrently, the defendants filed counterclaims seeking revocation of the patent. The court issued an order consolidating all claims—the main action and both counterclaims—to be heard together before the Munich Local Division. This procedural step streamlines the litigation process by addressing infringement and validity simultaneously.
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