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50 IP cases indexed. Covers patent matters.
Cases Presided Over
50 cases indexed | Page 2 of 2
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc.
This Milan Local Division case involved a complex situation where an infringement action and associated revocation counterclaims were partially withdrawn due to one defendant's insolvency. The Court allowed the withdrawal against the insolvent party (Digital River) but maintained the proceedings against the remaining defendants (Asustek and Arvato). Crucially, the court applied principles of fairness and equity, ruling that both Ericsson and Digital River should bear their own costs related to these withdrawals, despite conflicting claims.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc.
This Milan Local Division decision addressed procedural matters concerning an ongoing infringement and revocation action involving Ericsson. Due to Digital River's insolvency, Ericsson sought to withdraw its claim against that defendant, which was subsequently allowed. The Court ruled on the allocation of costs for these withdrawal proceedings, finding that equity dictated both parties bear their own expenses, despite initial disagreement.
EOFLOW Co., Ltd. v.Insulet Corporation
This UPC Court of Appeal decision concerns a procedural matter: the withdrawal of an application for leave to appeal. EOFlow Co., Ltd. sought to withdraw its appeal against a cost decision issued by the Court of First Instance, and Insulet Corporation agreed to this withdrawal. The Court granted the request, confirming that parties can withdraw their actions under Rule 265 RoP when no final judgment has been rendered in the main case.
10x Genomics, Inc. v.Curio Bioscience, Inc
In a procedural order, the UPC Court of Appeal permitted Curio Bioscience to withdraw its appeal against an earlier decision concerning security for legal costs. The court found that since 10x Genomics had not formally objected to the withdrawal request within the statutory timeframe, it could not be considered to have a legitimate interest in maintaining the proceedings. This ruling highlights the procedural flexibility available under UPC rules regarding appeals and withdrawals.
Fapa Vital AG v.Valentis Baltic, UAB
This decision addresses the procedural issue of reimbursing court fees when an application for provisional measures is withdrawn. The UPC confirmed that despite a technical gap in the Rules of Procedure (RoP), the provisions governing fee reimbursement should be applied by analogy to applications, not just full actions. Since Fapa Vital AG withdrew its application before the closure of the written procedure, it was awarded 60% of its court fees back.
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.
Daedalus Prime LLC v.Xiaomi Technology Netherlands B.V.
In a significant procedural ruling, the UPC Court of Appeal addressed the scope of confidential information protection in an infringement case involving Daedalus Prime LLC and Xiaomi. The court overturned a previous decision that denied access to Daedalus's US attorneys, recognizing their trustworthiness and necessity for effective litigation. This decision clarifies the boundaries of R. 262A RoP, confirming that professional assistants outside the strict definition of UPC representatives can be granted necessary access.
Daedalus Prime LLC v.Xiaomi Technology Netherlands B.V.
This UPC Court of Appeal decision addressed an application for intervention by MediaTek, the manufacturer of the processors at issue (Dimensity). The appeal concerned a procedural dispute over access to confidential information regarding processor architecture. The court found that MediaTek possessed a direct and present legal interest in protecting this proprietary information, despite Xiaomi being the party who initially submitted it. This ruling reinforces the rights of technology owners to participate in confidentiality disputes related to their core intellectual property within UPC proceedings.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
In a procedural ruling concerning the protection of confidential information, the UPC Court of Appeal granted Microsoft's request to keep certain details within Exhibit BP 01 private. This decision reinforces the court's ability to manage sensitive commercial data during litigation. The ruling clarifies the distinction between confidentiality for parties involved in the dispute and restrictions against public disclosure.
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
This UPC Court of Appeal decision addressed an application for provisional measures concerning a C5-binding antibody patent. The core issue revolved around claim interpretation, specifically whether a sequence ID number included extra amino acids as interpreted by the Technical Board of Appeal (TBA). The court ultimately found that this interpretation led to insufficient disclosure under Art. 83 EPC because the resulting claimed molecule was not functional as intended for drug use. Alexion's appeal was rejected, reinforcing strict standards regarding claim scope and enablement in biotech patents.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Limited, Meril GmbH, Smis International OÜ, Sormedica, UAB, Interlux, UAB, Vab-Logistik, UAB
In this procedural order, the UPC Court of First Instance addressed a request by multiple defendants to stay infringement proceedings pending decisions from the EPO Opposition Division. Despite an accelerated opposition hearing being scheduled at the EPO, the Court ruled against rescheduling its own oral hearing. The decision emphasizes the need for the UPC to maintain its timeline while acknowledging the parallel proceedings, setting the stage for the main merits hearing.
EDWARDS LIFESCIENCES CORPORATION v.MERIL LIFE SCIENCES PVT LIMITED, VAB-LOGISTIK, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, SORMEDICA, UAB, INTERLUX, UAB
This UPC Order addressed procedural matters in a complex infringement and revocation case involving Edwards Lifesciences and Meril Life Sciences. The Court confirmed the case value and maintained the scheduled oral hearing date despite concurrent proceedings at the EPO Opposition Division. Crucially, the court ruled to exclude late-filed attacks on inventive step that were not part of the initial claims or defenses, reinforcing principles of procedural fairness in UPC litigation.
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.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Limited
In this procedural order, the UPC dismissed a request by multiple defendants for security for legal costs against the US-based claimant. The Court emphasized that while protecting defendants is important, it cannot unduly restrict a claimant's right to an effective remedy. The ruling clarified that the mere fact of being non-EU based is insufficient grounds for imposing security if the claimant demonstrates financial capacity and willingness to cover adverse costs.
EDWARDS LIFESCIENCES CORPORATION v.MERIL LIFE SCIENCES PVT LIMITED
In this procedural order, the UPC addressed a request by the Defendants to stay infringement proceedings pending the outcome of an opposition filed at the EPO. The Court rejected the application, emphasizing that the primary legal basis for such a stay requires the expectation of a rapid final decision from the EPO. Given the likelihood of appeals following the opposition, the court determined that the condition for staying the case was not met, allowing the infringement action to proceed.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company
This UPC Court of Appeal decision addresses a procedural dispute regarding the effective date of service for an appeal statement in a pharmaceutical patent case (EP 3167888). The core issue was whether direct communication between parties via specialized electronic mailboxes ('beA') could count as valid service. The court definitively ruled that only service effected by the Registry through the official CMS is considered effective under UPC rules.
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
This procedural order from the UPC Court of Appeal addressed Alexion Pharmaceuticals' appeal against a prior decision concerning provisional measures. The core issue was Alexion's request for an expedited hearing, arguing that the matter was purely legal and required swift resolution. The Court ultimately rejected this request, emphasizing the need to balance due process with the respondent's interests, thereby maintaining standard procedural timelines.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company; Amgen N.V.; Amgen GmbH; Amgen AB; Amgen S.A.S.; Amgen s.r.l.; Amgen Biofarmacêutica Lda.; Amgen Zdravila D.O.O.
Alexion Pharmaceuticals appealed a decision from the Court of First Instance regarding its application for provisional measures against Amgen entities. The appeal sought an expedited hearing process under UPC Rules of Procedure. However, the Court of Appeal ultimately rejected the request for expedition, finding that Alexion's arguments were insufficient to outweigh the respondents' interests in maintaining standard procedural timelines. This decision underscores the high threshold required to obtain accelerated proceedings within the Unified Patent Court framework.
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