Knijff
16 IP cases indexed. Covers patent matters.
Cases Presided Over
16 cases indexed | Page 1 of 1
GC AESTHETICS PARENTCO LIMITED et al. v.ESTABLISHMENT LABS S.A.
In this procedural order concerning a costs request, the UPC Local Division addressed the financial concerns of ESTABLISHMENT LABS S.A., the respondent in an infringement action involving EP 3 107 487 B1. The court determined that while the claimant's financial situation was considered, security for costs was necessary to protect the rights of the defendants. Consequently, ESTABLISHMENT LABS S.A. was ordered to deposit €600,000 within 21 days.
Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.
In this UPC cost decision concerning EP 3 784 233, the Court confirmed that once a patent has been definitively revoked by the EPO's Opposition Division, any parallel revocation action before the UPC becomes redundant. The panel ordered the disposal of the proceedings and ruled on costs, awarding Neurocrine substantial compensation for its legal efforts. This case underscores the importance of monitoring opposition proceedings when pursuing invalidity claims in the UPC.
Canon Kabushiki Kaisha v.Katun Germany GmbH, Katun (E.D.C.) B.V., Katun Corporation, General Plastic Industrial Co., Ltd.
In this UPC decision, the Court addressed both an infringement action and a counterclaim for revocation concerning EP 3 686 683 B1, which covers developer replenishing systems. While the core claims were dismissed, the ruling provided significant guidance on procedural fairness. The court held that defendants who use their websites to mislead the public about patent status may be compelled by Article 80 UPCA to publish the operative parts of the judgment themselves.
GXD-Bio Corporation v.Myriad International GmbH (and associated Myriad entities)
In a significant decision, the UPC Local Division Munich revoked European Patent EP 3 346 403. The patent covered methods for quantifying gene expression in breast cancer tissue using RT-PCR and normalization to endogenous reference genes. Despite GXD-Bio Corporation's infringement claims against Myriad International GmbH and its subsidiaries regarding their EndoPredict-Test, the court dismissed the infringement action following the revocation of the patent. This ruling underscores the dual nature of UPC proceedings, where a successful counterclaim for revocation can immediately extinguish an associated infringement claim.
GXD-Bio Corporation v.Myriad International GmbH (and associated Myriad entities)
In a significant decision, the UPC Local Division Munich revoked European Patent EP 3 346 403, which covered methods for quantifying gene expression in breast cancer tissue. The patent holder, GXD-Bio Corporation, had sued Myriad International GmbH and its subsidiaries for infringement, while the defendants filed a counterclaim for revocation. The court ultimately sided with the defendants on the revocation claim, invalidating the patent across all relevant territories. This case highlights the dual risk inherent in UPC proceedings: an infringement suit can be defeated by a successful revocation defense.
Centripetal Limited v.Keysight Technologies, Inc.
In a significant decision, the Local Division Mannheim dismissed Centripetal Limited's infringement action against Keysight Technologies regarding its patent on efficient network protection. The Court found that the Defendants' products did not infringe the claims of EP 3 821 580 B1. This ruling underscores the high burden of proof required in UPC infringement cases, particularly when dealing with complex technical systems and alternative claim interpretations.
Malikie Innovations Ltd. v.Nintendo Co., Ltd. a.o.
This procedural order in UPC_CFI_555/2024 addresses a complex infringement and revocation action brought by Malikie Innovations Ltd. against Nintendo Co., Ltd. The court admitted numerous applications, including changes to the patent claims and new prior art documents (D10-D20). A key focus was balancing strict procedural rules regarding late inventive step attacks with pragmatic judicial management of the case, allowing for contested submissions while reserving final decisions on complex issues for the panel.
Malikie Innovations Ltd. v.Nintendo Co., Ltd. a.o.
This procedural order in UPC_CFI_537/2024 addressed critical issues regarding claim scope and evidence admissibility in an infringement and revocation action. The court allowed extensive amendments to the patent claims, provided they maintained a reasonable structure (two strains of auxiliary requests). Furthermore, it admitted new prior art documents introduced by both sides, ensuring that the case can proceed with a comprehensive review of validity and infringement.
Prinoth S.p.A. v.Xelom s.r.l.
This UPC decision concerns a motion to review an urgent order for evidence preservation, inspection, and seizure granted by Prinoth S.p.A. against Xelom s.r.l. The dispute centers on alleged infringement of patents related to snow groomers (battipista). The Tribunal upheld the original protective measure, emphasizing that preliminary injunctions based on urgency require only a statistical likelihood of evidence destruction, not concrete proof. This ruling provides important guidance on the scope and quantification of damages in urgent IP proceedings.
Centripetal Limited v.Keysight Technologies, Inc.
In this procedural order, the UPC Local Division Mannheim rejected Centripetal Limited's request for a final written brief in an ongoing infringement action. The claimant sought to introduce a substantially new functionality reading late in the proceedings. The Panel ruled that allowing such a late submission would violate procedural fairness and compromise the preparation time for the upcoming oral hearing, thereby maintaining the original rejection order.
bioMérieux UK Limited v.Labrador Diagnostics LLC
In this UPC revocation case, bioMérieux initiated proceedings against Labrador Diagnostics concerning patent EP 3 756 767 B1. Following an interim conference, the Court recognized that the sheer volume of invalidity attacks presented by bioMérieux was unsustainable for a focused oral hearing. The panel mandated that bioMérieux streamline its strategy, selecting only the most promising and logically consistent set of attacks to ensure procedural efficiency.
bioMérieux Deutschland GmbH, bioMérieux Italia S.p.A., bioMérieux SA, bioMérieux Austria GmbH, bioMérieux Benelux BV, bioMérieux Portugal, Lda. v.Labrador Diagnostics LLC
In this complex UPC case involving bioMérieux and Labrador Diagnostics, the Court issued a critical procedural order following an interim conference. Recognizing that the patent EP 3 756 767 B1 faced an overwhelming number of invalidity attacks, the Panel mandated that the challenging party (bioMérieux) significantly narrow its focus. This ruling emphasizes the need for legal rigor and strategic clarity in complex revocation proceedings, ensuring the oral hearing remains focused on the most promising grounds of attack.
Pirelli Tyre s.p.a. v.Sichuan Yuanxing Rubber co. Ltd.
This UPC decision addressed a request for re-establishment of rights filed by Sichuan Yuanxing Rubber co. Ltd., following an initial seizure order issued by Pirelli Tyre s.p.a. The core dispute centered on whether procedural notification failures constituted a cause outside the respondent's control, thereby allowing them to reset missed deadlines. The Court ultimately rejected the application, holding that the refusal of the recipient to accept the documents fulfilled the legal requirements for service under Italian law. This ruling reinforces the strict adherence required to UPC procedural timelines.
Canon Kabushiki Kaisha v.General Plastic Industrial Co., Ltd.
Canon Kabushiki Kaisha initiated infringement proceedings against General Plastic Industrial Co., Ltd. and related entities concerning EP 3 686 683 B1, which included a counterclaim for revocation. The Düsseldorf Local Division issued a Procedural Order confirming that both the infringement action and the revocation counterclaim would be heard jointly. This decision streamlines the litigation process by ensuring a unified interpretation of the patent's scope across both validity and infringement claims.
Prinoth S.p.A. v.Xelom S.R.L.
Prinoth S.p.A., a global leader in snow grooming vehicles, successfully obtained an urgent provisional measures order from the UPC CFI against Xelom S.R.L. The court authorized inspection of premises and seizure of the disputed electric snow groomer ('Snow Cat'). This decision is significant as it allows patent holders to secure evidence early in litigation when infringement is suspected but not yet proven.
Fapa Vital AG v.Valentis Baltic, UAB
This decision addresses the procedural issue of reimbursing court fees when an application for provisional measures is withdrawn. The UPC confirmed that despite a technical gap in the Rules of Procedure (RoP), the provisions governing fee reimbursement should be applied by analogy to applications, not just full actions. Since Fapa Vital AG withdrew its application before the closure of the written procedure, it was awarded 60% of its court fees back.
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