Kupecz
27 IP cases indexed. Covers patent matters.
Cases Presided Over
27 cases indexed | Page 1 of 1
F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH v.A. Menarini Diagnostics S.r.l., BERLIN-CHEMIE AG, and A. Menarini Diagnostics France SASU
This case concerned a patent infringement action filed by F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH against A. Menarini Diagnostics entities regarding European Patent EP 1 962 668 before the Local Chamber Düsseldorf. Before the written procedure was concluded, the claimants withdrew the action with the defendants' consent, having reached an out-of-court settlement whereby each party bears its own costs. The court permitted the withdrawal, declared the proceedings terminated, and ordered reimbursement of 50% of the court fees (EUR 7,500) to the claimants.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
The Local Chamber Düsseldorf of the Unified Patent Court found that ALPINA Coffee Systems GmbH infringed claim 2 of European Patent EP 3 398 487 B1 (owned by CUP&CINO) through its ALPINA Latte Perfetto Duo milk frother. The court dismissed ALPINA's counterclaim for revocation of the patent and granted relief including an injunction, destruction orders, information obligations, and recall orders, while holding that advertising materials are exempt from destruction under Art. 64(2)(e) UPCA.
TRUMPF Laser UK Limited v.IPG Laser GmbH & Co. KG
TRUMPF Laser UK Limited sued IPG Laser GmbH & Co. KG before the Local Chamber Mannheim for infringement of European Patent EP 2 951 625, which relates to an optical apparatus for combining laser light. The dispute concerned IPG's 'YLS-AMB' series fiber lasers (two-beam lasers with adjustable mode beam capability). The court found infringement, rejected IPG's counterclaim for revocation, and ordered injunctive relief, recall and destruction of infringing products, provisional damages of €115,000, and a declaration of liability for further damages.
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
The Local Chamber Düsseldorf revoked an ex-parte inspection and evidence preservation order that had been issued in favor of Ecovacs Robotics against Roborock (HK) Limited concerning European Patent EP 3 808 512 B1. The court found that Ecovacs had breached Rule 192.3 RoP by providing incomplete and misleading submissions, as it had failed to present any technical facts showing that the accused robot vacuum cleaners practiced the patent claims. The order was set aside with ex-tunc effect, except for the confidentiality provisions, and Ecovacs was ordered to bear the costs of the inspection.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL
Sun Patent Trust brought an infringement action before the Paris Local Division of the Unified Patent Court against three Vivo entities concerning European patent EP3852468. Vivo filed a preliminary objection arguing that the UPC lacked jurisdiction over the FRAND-related claims and that the Paris Local Division lacked internal competence. The Court rejected the preliminary objection in its entirety, holding that the Paris Local Division had internal competence under Article 33(1)(a) UPCA, and deferred the question of admissibility of the FRAND terms claim (A.II) to the main proceedings pursuant to Rule 20.2 RoP.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL
Sun Patent Trust brought an infringement action against Vivo entities before the Paris Local Division of the Unified Patent Court concerning European Patent EP3407524. Vivo filed a preliminary objection arguing that the UPC lacked jurisdiction because Sun Patent's request for a FRAND determination constituted a standalone claim outside the scope of Article 32 UPCA, and that the Paris Local Division lacked internal competence. The Court rejected the preliminary objection in its entirety, holding that the Paris Local Division had internal competence under Article 33(1)(a) UPCA, and ruling that the admissibility of the FRAND-related claim (A.II) under Article 32.1 UPCA would be addressed in the main proceedings pursuant to Rule 20.2 RoP.
Hartmann Packaging A/S v.Omni-Pac Ekco GmbH Verpackungsmittel & Omni-Pac GmbH Verpackungsmittel
Hartmann Packaging A/S (formerly Brodrene Hartmann A/S) sued Omni-Pac Ekco GmbH Verpackungsmittel and Omni-Pac GmbH Verpackungsmittel before the Local Chamber Düsseldorf for infringement of European Patent EP 2 755 901 B1 concerning a display and distribution package for eggs, valid in Germany, France, and the Netherlands. The defendants filed a counterclaim for revocation. The court dismissed the infringement action, partially revoked the patent (revoking claims 1, 6, and dependent claims 2-5, 7-8 while maintaining claims 9-13), and allocated costs accordingly.
bellissa HAAS GmbH v.Windhager GmbH, Johann Windhager, Stefan Windhager
The Local Chamber Mannheim of the Unified Patent Court found that Windhager GmbH directly infringed EP 2 223 589 B1, which protects a bed/green area edging with lockable sheet metal strips, by offering and selling such edgings on its website. The court held that offering or supplying all components of a patented product designed for simple assembly at the place of use constitutes direct infringement under Art. 25(a) EPGÜ. The counterclaim for revocation of the patent was dismissed, and the claims against the individual managing directors were rejected.
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
Ecovacs Robotics Co., Ltd., holder of European Patent EP 3 808 512 B1 concerning a robot localization method, filed an ex parte application for inspection and evidence preservation against Roborock (HK) Limited at the Local Chamber Düsseldorf. The application sought to inspect Roborock's booth at the IFA 2025 trade fair in Berlin to gather evidence of alleged patent infringement by Roborock's robot vacuum cleaners. The court granted the order, finding that the trade fair inspection was the applicant's only realistic opportunity to obtain evidence, given that Roborock operates from Hong Kong without a German establishment.
Occlutech GmbH v.Lepu Medical (Europa) Cooperatief U.A. and Lepu Medical Technology (Peking) Co., Ltd.
Procedural order from the Local Chamber Düsseldorf of the Unified Patent Court concerning the protection of confidential information under R. 262A RoP in infringement proceedings regarding European Patent EP 1 998 686 B2. The court granted the respondents' request to classify certain information as confidential but rejected their objection to allowing the applicant's managing director, Mr. Tor Peters, access to that information, finding that the applicant's interest in responding to arguments based on the confidential data outweighed the respondents' interest in restricting access.
Faro Technologies, Inc. v.PMT Technologies (Suzhou) Co., Ltd. and Blankenhorn GmbH
The Local Chamber Mannheim of the Unified Patent Court addressed the allocation of costs in provisional measures proceedings under Article 62 EPGÜ concerning European Patent EP 4 001 835, after the matter became moot between the applicant Faro Technologies and the second respondent Blankenhorn GmbH. Both parties agreed the proceedings were resolved, but disputed who should bear the costs. The court declared the proceedings terminated under Rule 360 RoP and ordered Blankenhorn GmbH to bear the costs, finding that the applicant had reasonable grounds to seek court intervention and that Blankenhorn's cease-and-desist undertaking was insufficient.
Occlutech GmbH v.Lepu Medical (Europa) Cooperatief U.A. and Lepu Medical Technology (Peking) Co., Ltd.
Procedural order from the Local Chamber Düsseldorf concerning European Patent EP 1 998 686 B1. The applicant Occlutech GmbH sought interim measures against the respondents Lepu Medical entities, who raised both infringement and validity objections. The court ordered the addition of a technically qualified judge to the panel under Art. 8(5) sentence 2 EPGÜ and R. 34 RoP, with the consent of all parties.
Sanofi Biotechnologies SAS and Regeneron Pharmaceuticals Inc. v.Amgen Inc. and Others
This is a procedural order from the Düsseldorf Local Division concerning European patent EP 4 252 857. The Claimants (Sanofi and Regeneron) requested a stay of the infringement proceedings and counterclaim for revocation pending the outcome of an appeal in a related case (UPC_CFI_505/2024) concerning patent EP 3 536 712. The Court granted the stay, finding that the infringement question in the present case involves the same factual and legal questions as the related case, and that a stay would conserve judicial and party resources.
Sun Patent Trust v.Vivo Mobile Communication Iberia SL, Vivo Tech GmbH, and Vivo Mobile Communication Co., Ltd.
Sun Patent Trust filed an infringement action against three Vivo entities concerning European Patent EP3407524 before the Paris Local Division. Concurrently, Sun Patent Trust sought to classify certain information in its Statement of Claim and supporting Exhibits as confidential and highly confidential under Article 58 UPCA and Rule 262A RoP. The court issued a procedural order defining the scope of confidentiality protection, restricting access to confidential and highly confidential information to specific named representatives, legal teams, and limited employees of the Vivo defendants.
10x Genomics, Inc. v.Curio Bioscience Inc.
10x Genomics, Inc. sued Curio Bioscience Inc. for infringement of European Patent EP 2 697 391 B1, which relates to methods and products for localised or spatial detection of nucleic acids in tissue samples. The dispute concerned Curio's 'Curio Seeker Spatial Mapping KIT,' a slide-based product with spatially indexed beads used for spatial transcriptomics. The Düsseldorf Local Division found partial infringement, issuing injunctive relief, ordering information/accounting, and awarding damages, with costs split 30% to the Claimant and 70% to the Defendant.
Belparts Group N.V. v.IMI Hydronic International SA, IMI Hydronic Engineering AB
Procedural order issued by the Local Division Munich of the Court of First Instance scheduling proceedings in an infringement action concerning European patent no. 3 812 870. The panel decided not to bifurcate the proceedings and will hear both the infringement action and the counterclaim for revocation together, setting an interim videoconference for 24 March 2026 and an in-person oral hearing in Munich for 18 June 2026.
Hand Held Products, Inc. v.Scandit AG and Scandit, Inc.
This case before the Local Chamber Düsseldorf concerned European Patent EP 2 819 062. Following an out-of-court settlement, the plaintiff withdrew its patent infringement action and the defendants withdrew their nullity counterclaim. The court allowed both withdrawals, declared the proceedings terminated, and ordered a 60% reimbursement of court fees to each party.
Hartmann Packaging A/S (formerly Brødrene Hartmann A/S) v.Omni-Pac Ekco GmbH Verpackungsmittel & Omni-Pac GmbH Verpackungsmittel
Procedural order of the Local Chamber Düsseldorf concerning European Patent EP 2 755 901 B1. The court decided, under Article 33(3)(a) UPCA in conjunction with Rule 37.2 RoP, to jointly hear the infringement action brought by Hartmann Packaging A/S and the counterclaim for revocation filed by the Omni-Pac defendants. The judge-rapporteur was instructed to request the President of the Court of First Instance to assign a technically qualified judge to the panel.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a patent infringement action concerning EP 2 697 391 B1 before the Düsseldorf Local Division, the Claimant 10x Genomics requested that the Defendant Curio Bioscience provide security for legal costs under Rule 158 RoP. The Defendant argued the application was inadmissible, contending that Art. 69(4) UPCA only permits defendants to request security from claimants. The Court held the application admissible and well-founded, ordering the Defendant to provide security of EUR 200,000 within four weeks, and granted leave to appeal.
SodaStream Industries Ltd. v.Aarke AB
In a patent infringement action concerning EP 1793917 before the Local Division in Düsseldorf, the Defendant (Aarke AB) requested an adjournment of the oral hearing pending the Court of Appeal's decision on its dismissed request for security for costs. The Court dismissed the request for adjournment, holding that since an order concerning security for costs is not listed in Art. 74(3) UPCA, there is no requirement to await a final order of the Court of Appeal before rendering its own decision on the merits.
Grundfos Holding A/S v.Hefei Xinhu Canned Motor Pump Co., Ltd.
This is a procedural order issued by the Local Chamber Düsseldorf of the Unified Patent Court in proceedings concerning European Patent EP 2 778 423 B1. The court decided, pursuant to Article 33(3)(a) UPCA in conjunction with Rule 37.2 of the Rules of Procedure, to hear both the infringement action brought by Grundfos Holding A/S and the counterclaim for revocation filed by Hefei Xinhu Canned Motor Pump Co., Ltd. jointly before the same panel.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics AG, Advanced Bionics GmbH, Advanced Bionics Sarl
The Local Chamber Mannheim of the Unified Patent Court ordered the referral of a counterclaim for revocation and the corresponding patent amendment request to the Central Chamber Paris. The court reasoned that since nearly all attacks against the patent in suit (EP 4 074 373) were already being pursued in a prior central revocation action filed by the first defendant, efficiency considerations favored having the Central Chamber decide on the counterclaim as well. The defendants' objections regarding the risk of divergent decisions, change of language, and the advanced stage of the central proceedings were rejected.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd. & OROPE Germany GmbH
This order from the Local Chamber Munich of the Unified Patent Court concerns an application by the defendants (OPPO and OROPE) to extend the deadline for filing their Duplik (reply) in a patent infringement case involving EP 3 024 163. The defendants argued that the plaintiff's Replik (rejoinder) was filed with numerous redactions serving as placeholders for later submissions, preventing them from preparing a complete response. The court held that the plaintiff's practice of filing a redacted 'unredacted version' is impermissible, but as an exception, ruled that the Duplik deadline had not yet begun to run.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd. & OROPE Germany GmbH
This case concerns a patent infringement action by Panasonic Holdings Corporation against Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH regarding EP 3 024 163. The court issued a consolidated confidentiality order under Rule 262A of the Rules of Procedure, protecting information related to prior and ongoing license negotiations and internal business considerations. The court modified the preliminary order, limiting access to confidential information to specified persons and their legal representatives, and set a coercive penalty of up to EUR 100,000 per culpable violation.
10x Genomics, Inc. v.Curio Bioscience Inc.
10x Genomics, Inc. sought provisional measures against Curio Bioscience Inc. before the Local Chamber Düsseldorf of the Unified Patent Court, alleging infringement of European Patent EP 2 697 391 B1 concerning methods and arrays for localized detection of nucleic acid in tissue samples. The court found that 10x Genomics had standing as the registered patent proprietor and that Curio Bioscience's product fell within the scope of patent claim 14. The court granted a partial injunction limited to the specific embodiment of claim 14, ordered mutual provisional cost reimbursement of EUR 100,000, and required 10x Genomics to post security of EUR 2,000,000 before enforcement.
10x Genomics, Inc. v.Curio Bioscience Inc.
10x Genomics, Inc. sought provisional measures against Curio Bioscience Inc. before the Local Division in Düsseldorf for alleged infringement of European Patent EP 2 697 391 B1, which protects methods and products for localised detection of nucleic acid in tissue samples. The court granted a partial injunction restraining Curio Bioscience from offering, marketing, using, or possessing certain arrays with poly-T capture probes in Germany, France, and Sweden, subject to 10x Genomics providing security of EUR 2,000,000. Both parties were ordered to provisionally reimburse each other's costs in the amount of EUR 100,000 each, reflecting their partial success.
10x Genomics, Inc. v.Curio Bioscience Inc.
Procedural order from the Local Chamber Düsseldorf concerning European Patent EP 2 697 391 B1. The claimant, 10x Genomics, Inc., filed an infringement action against Curio Bioscience Inc. in German, but both parties subsequently agreed to switch the procedural language to English, the language in which the patent was granted. The court approved the joint request and ordered the proceedings to continue in English.
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