LANGUAGE OF PROCEEDINGS English SUBJECT
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
AWM s.r.l. v.Progress Maschinen & Automation AG
This UPC CFI decision addresses a request for cost determination, which was complicated by the automatic suspensive effect of an appeal lodged against the underlying revocation counterclaim. The court clarified that Article 74(2) UPCA's mandatory suspensive effect extends to all parts of the decision, including those concerning legal costs. Consequently, rather than dismissing the application as untimely, the Court opted to stay the cost proceedings until the UPC Court of Appeal resolves the main dispute.
PROGRESS MASCHINEN & AUTOMATION AG v.AWM s.r.l.
In a significant decision, the UPC Court of First Instance revoked patent EP 2726230 B1 after finding that prior art disclosures by AWM s.r.l., through the marketing of older JIT machines, invalidated the claims. The infringement action brought by Progress Maschinen & Automation AG was subsequently dismissed. This case underscores the critical importance of thorough prior art searches and the impact of pre-filing commercial activity on patent validity in UPC proceedings.
Insulet Corporation v.A. Menarini Diagnostics s.r.l.
Insulet Corporation sought provisional measures against A. Menarini Diagnostics regarding the infringement of its insulin patch pump patent (EP 4201327). The Court dismissed Insulet's application, finding that the necessary cumulative evidence—including a sufficient degree of certainty regarding validity and imminent infringement—was not met. This decision underscores the high procedural bar required to obtain interim relief in UPC proceedings, particularly when faced with multiple validity challenges.
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