Kupecz erlas
7 IP cases indexed. Covers patent matters.
Cases Presided Over
7 cases indexed | Page 1 of 1
F. Hoffmann-La Roche AG v.A. Menarini Diagnostics S.r.l.
In a case involving F. Hoffmann-La Roche AG and A. Menarini Diagnostics S.r.l., the UPC Local Division in Düsseldorf allowed the claimants to withdraw their infringement action concerning EP 1 962 668. This withdrawal was based on an out-of-court settlement reached between the parties, which stipulated that each party would bear its own costs. The court confirmed the termination of proceedings and ordered a partial reimbursement of court fees for Roche.
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
In this UPC decision, the Düsseldorf Local Division addressed a request for an ex-parte order concerning the inspection and preservation of evidence related to robot localization technology. The court ultimately revoked the existing provisional measure because the applicant's submission was deemed incomplete and misleading regarding the core facts. This ruling serves as a strong warning to applicants seeking urgent interim relief that procedural integrity is paramount, especially when relying on ex-parte proceedings.
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
Ecovacs Robotics sought provisional measures—specifically an inspection and evidence preservation order—against Roborock (HK) in the UPC, alleging infringement of its robot localization patent EP 3 808 512 B1. The claimant argued that Roborock's vacuum cleaners utilized the patented technology. However, the Düsseldorf Local Chamber ultimately dismissed the application for provisional measures. This decision highlights the high threshold required to obtain urgent evidence preservation orders in UPC proceedings.
Hand Held Products, Inc. v.Scandit AG
This UPC decision confirms the termination of a patent infringement and revocation counterclaim between Hand Held Products, Inc. and Scandit AG following an out-of-court settlement. The claimant successfully withdrew its infringement suit, while the respondents consented to dropping their revocation counterclaim. Crucially, the court formalized the cost allocation, ordering both parties to receive a 60% refund of their respective legal fees.
Hartmann Packaging A/S v.Omni-Pac Ekco GmbH Verpackungsmittel; Omni-Pac GmbH Verpackungsmittel
In this UPC case involving packaging technology, the Local Chamber of Düsseldorf issued an order setting out the procedural path forward for both infringement and revocation claims. The court decided to combine the two actions into a single proceeding, citing efficiency and the benefit of a unified interpretation by the same judicial panel. This decision streamlines complex patent litigation, allowing claimants and defendants to address validity and infringement simultaneously.
Grundfos Holding A/S v.Hefei Xinhu Canned Motor Pump Co., Ltd.
In this procedural order (Verfahrensanordnung), the UPC Local Chamber of Düsseldorf decided to consolidate the proceedings between Grundfos Holding A/S and Hefei Xinhu Canned Motor Pump Co., Ltd. The court ruled that it would jointly examine both the infringement claim brought by Grundfos and the counterclaim for revocation filed by Hefei Xinhu. This decision aims to enhance procedural efficiency, ensuring a unified legal interpretation across both claims.
10x Genomics, Inc. v.Curio Bioscience Inc.
This procedural order in the Düsseldorf Local Division of the Unified Patent Court (UPC) addresses a request by both parties to change the language of the ongoing infringement case. The claimant, 10x Genomics, Inc., initiated proceedings against Curio Bioscience Inc. regarding EP 2 697 391 B1. Both parties mutually agreed to switch the procedural language from German to English, which the court subsequently approved.
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