LANGUAGE OF THE PROCEEDINGS English SUBJECT
8 IP cases indexed. Covers patent matters.
Cases Presided Over
8 cases indexed | Page 1 of 1
Primetals Technologies Austria GmbH v.Danieli & C. S.p.A.
In this procedural case, Primetals Technologies sought an order compelling Danieli & C. S.p.A. to produce extensive technical and commercial documentation related to a plant in Vietnam that Primetals alleged infringed EP 2 624 977. The court ultimately rejected the request, finding that Primetals had not provided sufficient or plausible evidence to substantiate its claims of infringement. This decision underscores the high evidentiary threshold required when seeking discovery orders under UPC rules.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Limited, Meril GmbH, Smis International OÜ, Sormedica, UAB, Interlux, UAB, Vab-Logistik, UAB
Edwards Lifesciences successfully sued Meril Life Sciences and associated entities for infringing its patent EP 3 769 722, which covers a low profile delivery system for transcatheter heart valves (TAVI). The UPC Court of First Instance found that the defendants' products literally infringe the patented technology. This decision is significant as it reinforces the enforceability of specialized medical device patents within the unified patent court framework, particularly in complex TAVI applications.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc.
This decision addresses a critical procedural dispute regarding the protection of confidential information in UPC proceedings involving potential antitrust conflicts. Ericsson sought an 'external eyes only' confidentiality regime to protect sensitive licensing data from disclosure to defendants. The Panel ruled that while such regimes are theoretically possible under EU law principles, the Claimant failed to meet the strict burden of proof required by the UPC for demonstrating a concrete risk of anticompetitive harm. Consequently, the application was dismissed, but leave to appeal was granted, setting up an important precedent for future cases balancing IP protection and competition concerns.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc.
This UPC decision addresses a procedural dispute regarding the scope of confidentiality protection in patent litigation. Ericsson sought an 'external eyes only' regime for sensitive licensing data, arguing it was necessary to prevent antitrust conflicts. The Panel rejected this request, emphasizing that such exceptional restrictions require a high burden of proof showing concrete risks of anticompetitive harm. Although the application for review was dismissed, leave to appeal was granted, setting up a potential precedent on balancing confidentiality and competition law within the UPC.
Imbox Protection A/S v.Brunngård Group AB and Footbridge Group AB
This UPC case involved an application to preserve evidence concerning the product EXPRO HUB. Although the Applicant ultimately withdrew its request for preservation measures, the Court made significant rulings regarding costs and confidentiality. The court confirmed that legal cost ceilings apply jointly across multiple defendants in such proceedings. Crucially, it also imposed strict restrictions on the use of confidential information shared by the Defendants, setting a precedent for protecting trade secrets even when initial applications fail.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural issue: establishing 'good service' when serving documents internationally, specifically in China. The applicant sought confirmation that the extensive attempts to serve the preliminary measures application constituted valid notification despite the lack of formal delivery certificates. The Court granted this request, effectively deeming the steps taken as good service under Rule 275.2 RoP. This ruling provides significant procedural relief for applicants facing protracted international service challenges.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
In this UPC case concerning an application for preliminary measures, the Court addressed a critical procedural hurdle: service of documents on a defendant domiciled in China. Despite extensive efforts—including formal and informal attempts under the Hague Service Convention—the court found that traditional service methods had failed to yield a certificate of delivery. The judge ruled that these unsuccessful steps constituted 'good service' under Rule 275.2 RoP, effectively allowing the proceedings to move forward despite the lack of confirmed receipt by the defendant.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural issue concerning service of documents in cross-border litigation, specifically involving China. The applicant sought confirmation that the extensive efforts made to serve the preliminary measures application constituted 'good service' despite the failure of formal and informal methods under the Hague Service Convention. The Court granted this request, effectively validating the steps taken by the registry. This ruling provides significant procedural relief for applicants facing intractable service issues in foreign jurisdictions.
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