Kupecz
25 IP cases indexed. Covers patent matters.
Cases Presided Over
25 cases indexed | Page 1 of 1
F. Hoffmann-La Roche AG a.o. v.A. Menarini Diagnostics S.r.l. a.o.
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 written proceedings were concluded, the plaintiffs withdrew the action and requested a 50% reimbursement of court fees, with the defendants consenting to the withdrawal. The parties had reached an out-of-court settlement under which each side bears its own costs, and the court allowed the withdrawal, declared the proceedings terminated, and ordered partial reimbursement of court fees.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
This case concerns an infringement action and a counterclaim for revocation regarding European Patent EP 3 398 487 B1, which relates to a method and device for producing milk foam with adjustable temperature. The plaintiff, CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG, brought the infringement claim against ALPINA Coffee Systems GmbH. The key legal ruling addressed the scope of destruction remedies under Article 64(2)(e) UPCA, holding that advertising materials are exempt from destruction because they are not covered by the statutory wording.
TRUMPF Laser UK Limited v.IPG Laser GmbH & Co. KG
TRUMPF Laser UK Limited, the sole registered proprietor of European Patent EP 2 951 625 concerning an optical apparatus for bundling laser light, brought an infringement action against IPG Laser GmbH & Co. KG based on claim 6 of the patent. The action concerns alleged direct literal infringement, and subsidiarily direct equivalent infringement, in respect of the national parts of the patent in force in Austria, Finland, France, Germany, Italy, the Netherlands, and Romania. The defendant filed a counterclaim for invalidity. The Local Chamber Mannheim held an oral hearing on January 27, 2026 and rendered its decision on February 24, 2026.
Ecovacs Robotics Co., Ltd. v.Roborock (HK) Limited
This case concerns an application by Roborock (HK) Limited for review of an ex-parte inspection and evidence preservation order concerning European Patent EP 3 808 512 B1, owned by Ecovacs Robotics Co., Ltd. The Düsseldorf Local Chamber found that Ecovacs's presentation of facts for the ex-parte order was incomplete and potentially misleading, thereby violating Rule 192.3 of the Rules of Procedure. The court held that such a breach renders the order unlawful in its entirety, as ex-parte orders depend entirely on the applicant's truthful and complete submissions.
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 three Vivo entities before the Paris Local Division concerning European Patent EP3852468. Vivo filed a preliminary objection under Rule 19 RoP, arguing that the Unified Patent Court lacks jurisdiction because Sun Patent Trust's main claim sought a declaration that its licence offer was FRAND and, alternatively, a determination of FRAND terms by the court, which Vivo contended falls outside the UPC's competence. Vivo additionally contested the internal competence of the Paris Local Division under Rule 19.1(b) RoP. Sun Patent Trust countered that the UPC has jurisdiction over FRAND aspects and that the Paris Local Division is competent to hear the case, requesting dismissal of the preliminary objection.
Hartmann Packaging A/S v.Omni-Pac Ekco GmbH Verpackungsmittel a. o.
This case concerns an infringement action and a counterclaim for revocation regarding European Patent No. EP 2 755 901 B1, brought by Hartmann Packaging A/S (formerly Brodrene Hartmann A/S) against Omni-Pac Ekco GmbH Verpackungsmittel and Omni-Pac GmbH Verpackungsmittel. The dispute relates to the German, French, and Dutch portions of the European patent. The Local Chamber Düsseldorf issued headnotes addressing the interpretation of 'same invention' under Article 87 EPC for priority purposes, the standard for inventive step regarding material selection, and issues of equivalence.
Windhager Handels GmbH v.bellissa HAAS GmbH
The plaintiff bellissa HAAS GmbH, sole registered proprietor of European Patent EP 2 223 589 B1 concerning a bed edging with a lockable sheet metal strip, sued Windhager GmbH and two individual defendants for alleged direct, and alternatively indirect, literal infringement of the patent. The patent, valid in Germany, Austria, and Luxembourg, claims an edging for beds and green areas consisting of at least two sheet metal strips with interlocking tongue-and-slot connection ends. The Local Chamber Mannheim issued headnotes clarifying that offering or supplying all components designed for simple assembly at the place of use constitutes direct patent infringement under Art. 25(a) EPGÜ, and that individual sale of a coordinated component likewise constitutes direct infringement when assembly is indicated or otherwise obvious.
Ecovacs Robotics Co., Ltd. v.Roborock (HK)
Ecovacs Robotics Co., Ltd., the proprietor of European Patent EP 3 808 512 B1 relating to a robot localization method, filed an application on September 2, 2025, parallel to a main infringement action, seeking an order for inspection and evidence preservation at the trade fair stands of Roborock (HK) Limited at the IFA trade fair in Berlin (September 5–9, 2025). The patent had previously been opted out but the opt-out was withdrawn on July 16, 2025. The Local Chamber Düsseldorf issued an order on September 4, 2025, concerning the inspection and evidence preservation request under Article 60 of the UPC Agreement and Rules 194(d), 196, 197, and 199 of the Rules of Procedure.
Occlutech GmbH v.Lepu Medical (Europa) Cooperatief U.A. a.o.
This is a procedural order issued by the Local Chamber Düsseldorf concerning the protection of confidential information under Rule 262A of the Rules of Procedure in a patent infringement dispute involving European Patent EP 1 998 686 B2. The applicant, Occlutech GmbH, seeks interim measures against the respondents, Lepu Medical entities, for alleged patent infringement. The respondents filed an objection on August 11, 2025, and requested that certain confidential information be protected with restricted access to designated persons.
Blankenhorn GmbH v.Respondent
This case concerns a cost allocation dispute (Rule 360 RoP) between Faro Technologies, Inc. and Blankenhorn GmbH (Respondent 2) in proceedings concerning EP 4 001 835. The original proceedings involved an application for interim measures (injunction and sequestration) under Art. 62 EPGÜ against both PMT Technologies (Suzhou) Co., Ltd. (the manufacturer) and Blankenhorn GmbH (the German distributor), following alleged infringement observed at the 'Control' trade fair in Stuttgart on May 6, 2025. After Faro settled with PMT Technologies and Blankenhorn submitted a cease-and-desist declaration, Blankenhorn sought a ruling on cost allocation for the now-concluded proceedings between the two of them.
Lepu Medical (Europa) Cooperatief U.A., Lepu Medcial Technology (Peking) Co., Ltd. v.Occlutech GmbH
This procedural order was issued by the Local Chamber Düsseldorf in case UPC_CFI_630/2025 concerning European Patent EP 1 998 686 B1. The applicant Occlutech GmbH sought interim measures against Lepu Medical (Europa) Cooperatief U.A. and Lepu Medical Technology (Peking) Co., Ltd., who challenged both infringement and validity of the patent-in-suit. The court ordered the addition of a technically qualified judge to the panel to ensure proper assessment of the patent's validity at the interim measures stage.
Sanofi Biotechnology SAS, Regeneron Pharmaceuticals Inc. v.Respondent
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.
Vivo Mobile Communication Co., Ltd., Vivo Mobile Communication Iberia SL, Vivo Tech GmbH v.Sun Patent Trust
1 Paris Local Division UPC_CFI_362/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 31/07/2025 Concerning the protection of confidential information APPLICANT 1) Sun Patent Trust 437 Madison Avenue, 35th Floor 10022 - New York – US Represented by Caroline
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.Respondent
This case concerned a patent infringement action filed by Hand Held Products, Inc. against Scandit AG and Scandit, Inc. regarding European Patent EP 2 819 062, along with a counterclaim for revocation filed by the defendants. Before the conclusion of the written proceedings, the plaintiff withdrew the action following an out-of-court settlement, and the defendants subsequently withdrew their counterclaim for revocation. The court permitted both withdrawals, declared all proceedings terminated, and ordered a 60% partial reimbursement of court fees to each side, while noting that no decision on party costs was requested.
Brodrene Hartmann A/S v.Omni-Pac Ekco GmbH Verpackungsmittel, Omni-Pac GmbH Verpackungsmittel
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 2 755 901 B1. The plaintiff Hartmann Packaging A/S (formerly Brødrene Hartmann A/S) brought an infringement action against Omni-Pac Ekco GmbH and Omni-Pac GmbH, who filed a counterclaim for revocation. The court decided, under Article 33(3)(a) EPGÜ in conjunction with Rule 37.2 of the Rules of Procedure, to hear both the infringement action and the revocation counterclaim together in a joint proceeding.
10x Genomics, Inc. v.Respondent
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.
Aarke AB v.Respondent
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 concerning European Patent EP 2 778 423 B1. The court decided, pursuant to Article 33(3)(a) of the EPG Agreement in conjunction with Rule 37.2 of the Rules of Procedure, to jointly hear the infringement action brought by Grundfos Holding A/S against Hefei Xinhu Canned Motor Pump Co., Ltd. and the defendant's counterclaim for revocation of the patent. The decision was made before the close of the written procedure, with the consent of both parties, in order to allow early assignment of the technically qualified judge and to avoid scheduling delays.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics GmbH, Advanced Bionics Sarl , Advanced Bionics AG
This procedural order from the Local Chamber Mannheim concerns the referral of a counterclaim for revocation of European Patent EP 4 074 373 to the Central Chamber Paris. The plaintiff MED-EL filed an infringement action against three Advanced Bionics entities, and defendants 2 and 3 counterclaimed for revocation. Because nearly identical revocation attacks were already pending before the Central Chamber Paris (filed earlier by Defendant 1), the Local Chamber exercised its discretion under Article 33(3)(b) of the UPC Agreement to refer the counterclaim to the Central Chamber for consolidated proceedings.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Respondent
This order concerns a procedural dispute in a patent infringement case involving European Patent EP 3 024 163 held by Panasonic Holdings Corporation. The defendants, Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH, requested an extension of the deadline to file their Duplik (reply) to the infringement claim, the reply to the counterclaim for revocation, and the response to the patent amendment request, until September 17, 2024. The court found that the plaintiff's practice of filing a redacted 'unredacted version' of its reply, with redacted portions serving as placeholders for later submissions, was impermissible, but granted an exception since this issue was being addressed for the first time.
Guangdong OPPO Mobile Telecommunications Corp. Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This case concerns an application by Panasonic Holdings Corporation for confidentiality protection under Rule 262A of the Rules of Procedure in a patent infringement action involving European Patent EP 3 024 163. Panasonic sought to classify certain information related to ongoing FRAND license negotiations with the defendants (OPPO and OROPE) as strictly confidential, including grey-highlighted submissions and exhibits labeled 'Anlagen KAP FRAND'. The defendants requested that access to such confidential information be restricted to specific named persons. The order was issued by the presiding judge Matthias Zigann of the Local Chamber Munich.
Curio Bioscience Inc. v.10x Genomics, Inc.
10x Genomics, Inc. brought a claim against Curio Bioscience Inc. for infringement of European patent EP 2 697 391 B1 before the Local Division in Düsseldorf. The court issued an order on 30 April 2024 concerning an application for provisional measures under Rule 206.1 RoP in conjunction with Rule 211.1 RoP, following oral proceedings held on 26 March 2024. The order addresses several key legal questions, including the presumption of entitlement to be registered as patent proprietor, the interpretation of stated purposes in patent claims, the standard for knowledge of infringement, and the applicability of security for costs in urgent proceedings.
Curio Bioscience, Inc v.Respondent
This is a procedural order issued by the Local Chamber Düsseldorf in a patent infringement action concerning European Patent EP 2 697 391 B1. Both parties jointly requested a change of the procedural language from German to English, the language in which the patent was granted. The court approved the request and ordered that the proceedings be conducted in English from the date of the order.
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