Kokke
30 IP cases indexed. Covers patent matters.
Cases Presided Over
30 cases indexed | Page 1 of 1
Adeia Guides Inc. v.The Walt Disney Company (Benelux) B.V. Et al.
This case concerned an infringement action and a counterclaim for revocation regarding European Patent EP1969839, brought by Adeia Guides Inc. against The Walt Disney Company (Benelux) B.V., Disney Interactive Studios, Inc., and The Walt Disney Company Limited. The parties reached a settlement and jointly requested withdrawal of both actions under Rule 265.1 of the Rules of Procedure, along with a 40% reimbursement of court fees. The court permitted the withdrawals, declared the proceedings closed, cancelled the scheduled oral hearing, and ordered a 20% reimbursement of court fees to each side, dismissing the request for a higher reimbursement percentage.
Amycell LLC v.***
1 Local Division The Hague UPC_CFI_499/2024 Order of the Court of First Instance of the Unified Patent Court delivered on 09/12/2025 regarding: R.356 and R.353 APPLICANT/DEFENDANT IN THE MAIN PROCEEDINGS 1) Spyra (Applicant) - - - - Represented by Michal Przyluski RE
Abbott Diabetes Care Inc. v.Sinocare et al.
UPC_CFI_587 22 October 2025 1 UPC_CFI_587/2025 ORDER of the Court of First Instance of the Unified Patent Court Local Division in The Hague issued on 22 October 2025 concerning EP 3 988 471 (R.211 provisional measures) APPLICANT Abbott Diabetes Care Inc. Represented by: Christ
Abbott Diabetes Care Inc. v.Sinocare et al.
This is a provisional measures order from the Court of First Instance, Local Division in The Hague, concerning European patent EP4344633. Applicant Abbott Diabetes Care Inc., a market leader in continuous glucose monitoring (CGM) systems with its FreeStyle Libre product, sought provisional measures against Defendants Sinocare Inc. and A.Menarini Diagnostics s.r.l. in connection with their GlucoMen iCan CGM system. The dispute centers on an alleged infringement of Abbott's unitary patent relating to CGM technology, with Sinocare manufacturing the device and Menarini holding exclusive distribution rights in over 20 European countries.
Ona Patents SL v.Google Ireland Limited o. a.
Procedural order from the Düsseldorf Local Division concerning EP 2 263 098 B1, in which the Claimant Ona Patents SL sought review of a case management order regarding the scheduling of an interim conference. The Claimant argued that an interim conference was needed to discuss the relevance of arguments from related proceedings against other defendants that had been settled. The court dismissed the request as admissible but unfounded, holding that the decision to hold an interim conference lies within the discretion of the Presiding Judge and that the terminated parallel proceedings are legally independent of the present case.
HL Display AB v.Black Sheep Retail Products
1. Infringement action about shelf dividers. Patent valid and infringed. Indirect infringement. Long-arm jurisdiction. 2. Counterclaim for declaration of non-infringement with revised product held inadmissible. There was no assertion of infringement prior to instituting the counterclaim nor had defendant applied in writing for an acknowledgement as meant in R. 61.1 RoP. Such assertion may not be deduced from the mere fact that the patent was invoked with respect to a different product. Rel
Apple Retail France EURL, Apple Inc., Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Distribution International Ltd. v.Respondent
This order concerns the reimbursement of court fees following the withdrawal of both a patent infringement action and a counterclaim for revocation related to European Patent EP 2 263 098 B1. The Claimant (Ona Patents SL) withdrew its infringement action, and the Defendants (Apple entities) withdrew their counterclaim for revocation. The Düsseldorf Local Division ordered a 40% reimbursement of court fees paid in relation to the counterclaim for revocation, amounting to €8,000.
UPC Decision UPC-000366 v.Respondent
This case concerns an application for provisional measures (preliminary injunction) filed by Washtower IP B.V. and Washtower B.V. against several defendants, including members of the BEGA group of companies, alleging infringement of European Patent EP3522755B1. The patent relates to a cabinet designed to house a washing machine or washer-dryer at waist level for ergonomic use. The application against the first defendant, Wasombouw B.V., was withdrawn shortly after filing, while the proceedings continued against the remaining defendants. The Local Division The Hague of the Court of First Instance held an oral hearing on 14 August 2025 and issued its order on 11 September 2025.
Ona Patents SL v.Respondent
Ona Patents SL filed a patent infringement action against several Apple entities regarding EP 2 263 098 B1, and the Apple defendants filed a counterclaim for revocation. Prior to the closure of written proceedings, Ona Patents withdrew its infringement action, and the defendants agreed to the withdrawal. The Düsseldorf Local Division ordered a 40% reimbursement of court fees to the claimant and released the security for costs previously provided by the claimant.
Washtower v.INDUSTRIEBETEILIGUNGS- UND BERATUNGS GMBH et al
Washtower IP B.V. and Washtower B.V. (Applicants), proprietors of European Patent EP3522755B1 relating to cabinets for housing washing machines at waist level, sought provisional measures against several defendants from the BEGA furniture group and a related partner company. The application concerned alleged infringement of the patent by the defendants' manufacture and sale of competing washing machine cabinets. The Local Division The Hague issued an order on provisional measures following an oral hearing held on 14 August 2025, after the Applicants filed their application on 28 May 2025 and the parties exchanged submissions including objections, replies, and rejoinders.
Edwards Lifesciences Corporation v.Respondent
Edwards Lifesciences Corporation filed an application for provisional measures before the Milan Local Division based on EP 3 646 825 B1 against Sintec S.r.l. and Value Med S.r.l. The parties subsequently reached a settlement agreement on 23 June 2025 and jointly requested the Court to confirm it. The Court confirmed the settlement but dismissed Edwards's request for reimbursement of 60% of the court fees, holding that Rule 370.9(c)(i) RoP does not apply to provisional measures proceedings.
Ona Patents SL v.Respondent
Ona Patents SL filed a patent infringement action against several Apple entities concerning European Patent EP 2 263 098 B1 before the Düsseldorf Local Division. The Apple defendants filed a counterclaim for revocation, but prior to the closure of the written procedure, Ona Patents withdrew its infringement action and the defendants withdrew their counterclaim for revocation. The court allowed both withdrawals, cancelled the scheduled oral hearing, declared the proceedings closed, and noted that no cost decision was required as the parties agreed to bear their own costs.
Orbisk B.V. v.Winnow Solutions Limited
Winnow Solutions Limited, proprietor of European Patent EP 3198245 relating to a system and method for monitoring food waste, sued Orbisk B.V. for patent infringement. Orbisk counterclaimed for revocation. The court found the patent valid only in a limited amended form (auxiliary request) that was not infringed by Orbisk's product, resulting in partial revocation of the patent and an order for Winnow to pay 85% of Orbisk's costs.
Winnow Solutions Limited v.Orbisk B.V.
Winnow Solutions Limited, proprietor of European Patent EP 3198245 relating to a system and method for monitoring food waste, sued Orbisk B.V. for patent infringement. The Court of First Instance of the Unified Patent Court (Local Division The Hague) found the patent valid only in a limited amended form (auxiliary request 3) and held that Orbisk's product did not infringe the patent as so limited. The counterclaim for revocation was partially successful, with some claims revoked and others upheld, and Winnow was ordered to pay 85% of Orbisk's costs.
Tiroler Rohre GmbH v.SSAB Europe Oy, SSAB Swedish Steel GmbH
This case before the Local Division Munich concerned an infringement action by Tiroler Rohre GmbH, the sole proprietor of European Patent EP 2 839 083 B9, against SSAB Swedish Steel GmbH and SSAB Europe Oy regarding pile driving tips (Rammspitzen) for tubular piles. The defendants sold competing pile tips under the designations GS115, GS140, and GS170. The defendants raised a counterclaim for revocation and filed an appeal. The court addressed the burden of proof regarding infringement arguments based on circumstances outside the patent claim, holding that the defendant bears the burden of proof for such arguments and that the infringement plaintiff is not required to present arguments about components outside the patent claim under Art. 54 EPGÜ.
Ona Patents SL v.Apple Inc., Apple Retail Germany B.V. & Co. KG, Apple Retail France EURL, Apple GmbH, Apple Distribution International Ltd.
Procedural order issued by the Düsseldorf Local Division concerning European Patent No. EP 2 263 098 B1, addressing the bifurcation question under Article 33(3) UPCA. The court decided, with the consent of the parties, to hear both the infringement action and the counterclaim for revocation jointly under Article 33(3)(a) UPCA, citing efficiency and the benefit of having validity and infringement decided by the same panel based on a uniform interpretation of the patent.
Epson Deutschland GmbH v.Respondent
This is a procedural order issued by the Düsseldorf Local Division concerning European Patent EP 3 605 534, which is essential for the Opus Audio Codec. The main infringement proceedings are brought by Dolby International AB against Beko Germany GmbH and Arçelik A.Ş regarding televisions and electronic devices running Android TV version 5.0 or later. The applicant, Epson Deutschland GmbH, is a defendant in a parallel infringement action before the Hamburg Local Division concerning projectors and Android TV devices, and seeks public access to the register under Rule 262.1(b) RoP.
Mammoet Holding B.V. v.P.T.S Machinery B.V.
1 The Hague - Local Division UPC_CFI_16/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 19/02/2025 APPLICANT Mammoet Holding B.V. (Applicant) - Karel Doormanweg 47 - 3115 JD - Schiedam - NL Represented by Ricardo Dijkstra RELEVA
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Respondent
This is a rectification order from the Local Division Munich of the Court of First Instance concerning EP 3 646 825, a patent related to heart valve prostheses. Meril Gmbh and Meril Life Sciences Pvt Ltd. (the defendants in the underlying infringement action) applied under Rule 353 RoP to rectify clerical mistakes, errors in calculation, and obvious slips in the court's decision of 15 November 2024. The court granted several rectifications relating to factual inaccuracies on pages 13, 14, 28, 39, 41, 53, and 59 of the decision, while dismissing the remaining requests.
Dexcom Inc. v.Respondent
This case concerned infringement proceedings and counterclaims for revocation brought by Abbott Diabetes Care Inc. against Dexcom Inc. and Dexcom International Limited regarding European Patent EP4070727. All parties requested withdrawal of their respective claims and consented to the closure of the proceedings, with no cost decision requested. The Court of First Instance allowed the withdrawal, declared the proceedings closed, and ordered reimbursement of 20% of the court fees to the claimant, amounting to EUR 7,400, while setting the value of the cases at EUR 4,000,000.
Apple Retail France EURL, Apple Distribution International Ltd., Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple GmbH v.Respondent
The defendants in a patent infringement action concerning EP 2 263 098 B1 requested that the claimant, Ona Patents SL, provide security for legal costs under Rule 158 RoP. The Düsseldorf Local Division found the request well-founded, holding that the claimant, a recently founded entity with minimal share capital and no apparent financial reserves, failed to substantiate its ability to bear potential costs. The court ordered the claimant to provide security of EUR 500,000 within six weeks, rejecting the defendants' request for EUR 1.012 million and a one-week deadline.
President and Fellows of Harvard College v.Respondent
This case concerns a patent infringement action (UPC_CFI_22/2023) involving European Patent EP4108782, owned by President and Fellows of Harvard College, against Vizgen, Inc. The dispute centers on Plaintiff Harvard's third request to amend the patent, filed on October 25, 2024, which was rejected by the Rapporteur's order of November 8, 2024. The Local Chamber Hamburg reviewed the order under Rule 333.1 RoP and confirmed the rejection, holding that approximately three months between the alleged reason for the amendment and the filing of the request was too long under Rule 30.2 RoP.
Amycel LLC v.***
1 Intern gebruik The Hague - Local Division UPC_CFI_499/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 19/12/2024 regarding R.275 RoP APPLICANT Amycel LLC 260 Westgate Drive - 95076 - Watsonville, California - US Represented by H
Tiroler Rohre GmbH v.Respondent
The Local Chamber Munich addressed the procedural consequences following the withdrawal of an application for interim measures concerning European Patent EP 2 839 083. After the applicant withdrew its request following the oral hearing, the defendants argued they had a legitimate interest in a substantive decision due to defense costs and the imminent filing of a main action. The court held that no legitimate interest existed for a decision after withdrawal, as such a decision would have no res judicata effect and could not prevent new proceedings.
10x Genomics, Inc., President and Fellows of Harvard College, v.Vizgen, Inc.
This is an order from the Local Division Hamburg concerning a patent infringement action involving European Patent EP4108782 held by President and Fellows of Harvard College. The defendant Vizgen, Inc. filed a request under Rule 333.1 of the Rules of Procedure seeking review by the full panel of the reporting judge's order of August 15, 2024, which had rejected Vizgen's requests for production of documents. The disputed documents relate to non-technical objections, specifically allegations of abuse of rights (Rechtsmissbrauch), and were originally produced in US parallel proceedings.
Dolby International AB v.Optoma Corporation, Optoma Deutschland GmbH, Optoma Europe Ltd.
Dolby International AB filed a patent infringement action against three Optoma entities concerning European Patent EP 3 605 534 before the Local Chamber Düsseldorf. Before the defendants' deadline to respond and file any counterclaim for invalidity expired, the plaintiff withdrew the action following an out-of-court settlement. The defendants consented to the withdrawal and the agreed cost arrangements. The court permitted the withdrawal, terminated the proceedings, and ordered a partial refund of court fees to the plaintiff.
Seoul Semiconductor Co., Ltd. v.Respondent
Seoul Semiconductor Co., Ltd. filed a patent infringement action against Amazon Services Europe S.à r.l. concerning European Patent EP 3 339 920 B1 before the Local Chamber Düsseldorf. Following an out-of-court settlement reached between the parties, the plaintiff withdrew the action with the defendant's consent. The court allowed the withdrawal, declared the proceedings terminated, confirmed the parties' cost-sharing arrangement, and ordered the reimbursement of 60% of the court fees paid by the plaintiff.
OrthoApnea S.L. v.Respondent
This is a procedural decision of the Local Division Brussels concerning an Application for Review filed by the defendants against a prior case management order. The defendants, OrthoApnea S.L. and VIVISOL B BV, sought review of Order ORD_37783/2024 of 8 July 2024, which had rejected their objection against the claimant's equivalence arguments while granting an extension for filing a Statement of Rejoinder until 1 August 2024. The underlying dispute relates to European Patent EP 2 331 036 and concerns the permissibility of the claimant supplementing factual context, adding equivalence-based infringement arguments, and adjusting the prayer for relief in their Reply to the Statement of Defence.
OrthoApnea S.L. v.Respondent
This case concerns an infringement action before the Local Division Brussels regarding European Patent EP 2 331 036. The Defendants filed a Generic Procedural Application on June 24, 2024, objecting to the Claimant's Reply to the Statement of Defence. The dispute centers on whether the Claimant may supplement the factual framework, add an equivalence-based infringement argument, and adjust the prayer for relief in his Reply. The Judge-Rapporteur issued a definitive procedural order on July 8, 2024, following a provisional order of June 25, 2024 that invited further submissions from both parties.
Umedwings Netherlands B.V., Sibio Technology Limited v.Abbott Diabetes Care Inc.
Abbott Diabetes Care Inc., the proprietor of European patent EP 3 831 283 relating to an on-body glucose sensor device, applied for provisional measures including a preliminary injunction against Sibio Technology Limited and Umedwings Netherlands B.V. The defendants did not oppose the facts presented. The Court of First Instance denied the application, holding that on the balance of probabilities the patent would more likely than not be held invalid in proceedings on the merits due to added matter extending beyond the content of the application as filed.
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