LANGUAGE OF THE PROCEEDINGS English
50 IP cases indexed. Covers patent matters.
Cases Presided Over
50 cases indexed | Page 2 of 2
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd.
This case before the Milan Local Division concerned the withdrawal of infringement and revocation proceedings involving patent EP3076673 against Digital River Ireland Ltd. following Digital River's insolvency and winding-up order by the High Court of Ireland. Both Ericsson and Digital River agreed to mutual withdrawal of the infringement action and counterclaim for revocation, but disagreed on costs. The Court allowed the withdrawals, ordered the main proceedings to continue against the remaining defendants (Asustek and Arvato), and held that both Ericsson and Digital River should bear their own costs.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd.
This case concerns the withdrawal of infringement and revocation proceedings involving EP 2727342 at the Milan Local Division. Following Digital River Ireland Ltd.'s insolvency and winding-up order by the High Court of Ireland, both Ericsson and Digital River sought to withdraw their respective claims against each other. The Court allowed both withdrawals, with the main infringement action continuing against Asustek and Arvato, and ordered both parties to bear their own costs based on principles of fairness and equity.
EOFLOW Co., Ltd. v.Insulet Corporation
The Court of Appeal of the Unified Patent Court permitted EOFlow to withdraw its application for leave to appeal against an order of the Central Division (Milan) that had dismissed EOFlow's application for a cost decision without examination of the substance. Insulet agreed to the withdrawal, and neither party sought a decision on the costs of the leave to appeal proceedings.
Curio Bioscience, Inc v.10x Genomics, Inc.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning the withdrawal of an appeal. Curio Bioscience, Inc. had appealed an order of the Düsseldorf Local Division requiring it to provide security for legal costs of EUR 200,000 in favor of 10x Genomics, Inc. in connection with a patent infringement action regarding EP 2 697 391. Curio subsequently applied to withdraw its appeal, and 10x did not object, leading the Court of Appeal to permit the withdrawal and close the proceedings.
Fapa Vital AG v.Valentis Baltic UAB
Fapa Vital AG filed an application for provisional measures against Valentis Baltic UAB concerning EP 1 978 949 before the Nordic-Baltic Regional Division of the Unified Patent Court. After the parties reached a settlement, the Applicant withdrew the application and requested reimbursement of 60% of the Court fees. The Court declared the proceedings closed and ordered reimbursement of EUR 6,600 (60% of the EUR 11,000 total Court fees), applying Rule 370.9(b) RoP by analogy to the withdrawal of an application for provisional measures.
Imbox Protection A/S v.Brunngård Group AB and Footbridge Group AB
Imbox Protection A/S, proprietor of European Patent EP 2 276 862, filed an application to preserve evidence and inspect property against Brunngård Group AB and Footbridge Group AB regarding their EXPRO HUB product. After the Defendants submitted detailed objections demonstrating non-infringement, the Applicant withdrew the application. The Court granted the Defendants' requests for confidentiality protection over Exhibits 17-19 and awarded each Defendant SEK 225,000 in legal costs and expenses, applying a joint ceiling of EUR 38,000 for representation costs.
Daedalus Prime LLC v.Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH
The Court of Appeal of the Unified Patent Court set aside an order of the Hamburg Local Division that had denied Daedalus Prime LLC's two US attorneys access to confidential information disclosed by Xiaomi in infringement proceedings concerning European patent EP 2 792 100. The Court held that Rule 262A.6 RoP does not require the person granted access to be an employee of a party or a representative within the meaning of Art. 48 UPCA, and that the US attorneys' technical expertise and familiarity with the patent justified granting them full access. The orders of the judge-rapporteur of 30 July 2024 and 3 September 2024 were amended to extend access to the two US attorneys.
MediaTek Inc. (Headquarters) - Application to Intervene in Daedalus Prime LLC v.Xiaomi Technology Netherlands B.V. and Others
MediaTek Inc. applied to intervene in appeal proceedings before the Court of Appeal of the Unified Patent Court concerning the protection of confidential information in an infringement action brought by Daedalus Prime LLC against Xiaomi. The confidential information at issue related to the architecture of MediaTek's processors. The Court of Appeal allowed MediaTek's application to intervene in support of Xiaomi, finding that MediaTek had a direct and present legal interest in maintaining the confidentiality of its processor architecture information.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Microsoft Corporation filed an application before the Court of Appeal of the Unified Patent Court seeking protection of confidential information under Rule 262 RoP regarding Exhibit BP 01, a settlement offer document. The court granted the application, ruling that while the document was already known to Suinno and did not require restriction of access between the parties under Rule 262A RoP, its original confidential version should not be available to the public due to the confidential nature of certain information contained therein.
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
The Court of Appeal of the Unified Patent Court rejected Alexion Pharmaceuticals' appeal against the dismissal of its application for provisional measures against Samsung Bioepis concerning European Patent EP 3 167 888 B1 for a C5-binding antibody (eculizumab) used to treat paroxysmal nocturnal hemoglobinuria. The court held that the patent's claim 2 could not be corrected by interpretation to remove 22 extra amino acids at the N-terminus of SEQ ID NO:4, as the existence of the error and the precise correction were not sufficiently certain to the person skilled in the art. Consequently, the court found it more likely than not that claim 2 was insufficiently disclosed under Art. 83 EPC, and ordered Alexion to bear the costs of the appeal proceedings.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Limited & Others
This procedural order from the Unified Patent Court concerns an infringement action by Edwards Lifesciences Corporation against several Meril entities and related companies regarding EP3769722. The Defendants requested a stay of proceedings pending the European Patent Office Opposition Division's decision on the patent's validity. After the Court of Appeal set aside an earlier order dismissing the stay request, the Court of First Instance again dismissed the stay request and decided to proceed with the oral hearing as planned on 16 January 2025.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Limited, Meril GmbH, SMIS International OÜ, Sormedica UAB, Interlux UAB, VAB-Logistik UAB
This is a procedural order issued by the Court of First Instance of the Unified Patent Court (Nordic-Baltic Regional Division) in a patent infringement action concerning European Patent EP3769722. The order addresses multiple case management issues raised during an interim conference, including the value of the case, scheduling relative to parallel EPO opposition proceedings, admissibility of late-filed attacks on inventive step, and various other procedural requests. The Court set the total case value at 6,000,000 EUR, declined to reschedule the oral hearing, excluded certain late-filed inventive step attacks, and ruled on the admissibility of auxiliary requests, equivalence arguments, and expert-related requests.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
The Local Division Munich of the Unified Patent Court addressed an application concerning the service of a request for preliminary measures (interim injunction) to a Chinese-domiciled defendant in proceedings related to EP 3 655 341. After formal service under the Hague Service Convention failed due to the Chinese authority's non-processing for over six months, and alternative methods of service were neither factually nor legally possible, the court held that the steps already taken constituted good service under Rule 275.2 RoP. Service was deemed effective as of the date of the order, with the defendant given fourteen days to file an objection.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This order from the Local Division Munich of the Unified Patent Court concerns an application by air up group GmbH for a preliminary injunction against Guangzhou Aiyun Yanwu Technology Co., Ltd. regarding EP 3 897 305. The defendant, domiciled in China, could not be served through the Hague Service Convention despite multiple attempts over more than six months. The court declared the steps already taken as good service pursuant to Rule 275.2 RoP, deemed service effective as of the date of the order, and granted the defendant 14 days to file an objection.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This case concerns an application for preliminary measures filed by air up group GmbH against Guangzhou Aiyun Yanwu Technology Co., Ltd. regarding EP 3 655 341. The defendant, domiciled in China, could not be served through the Hague Service Convention as the competent Chinese authority received the documents but failed to process them for more than six months. The Local Division Munich held that the steps already taken constituted good service under Rule 275.2 RoP, deeming service effective as of the date of the order and granting the defendant 14 days to file an objection.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Limited & Others
This is a procedural order from the Nordic-Baltic Regional Division of the Unified Patent Court concerning an infringement action regarding EP3769722. The Defendants (Meril entities and others) requested a stay of proceedings pending an EPO opposition decision, while the Claimant (Edwards Lifesciences Corporation) opposed the stay. The Court dismissed the request, holding that Rule 118.2(b) RoP applies only during oral procedure, a rapid EPO decision could not be expected, and the UPC could itself decide validity given the pending counterclaims for revocation.
Meril Life Sciences Pvt Limited and Others v.Edwards Lifesciences Corporation
This procedural order from the Nordic-Baltic Regional Division of the Unified Patent Court concerns a request by the Defendants (Meril Life Sciences and related entities) for the Claimant (Edwards Lifesciences Corporation) to provide security for legal costs in an infringement action concerning EP3769722. The Defendants argued that security was warranted because the Claimant is based in the United States, outside the EU, making enforcement of any cost order potentially difficult. The court dismissed the application, holding that the Claimant's location outside the EU and the lack of experience enforcing UPC orders in the US are not sufficient grounds for ordering security, and that the balance of interests favored the Claimant.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company & Ors.
The Court of Appeal of the Unified Patent Court addressed a procedural question concerning the effective date of service of the Appellant's Statement of grounds of appeal in proceedings related to EP 3167888. The Appellant had uploaded the Statement of grounds to the Respondents' representative's German special electronic lawyer's mailbox (beA) on 27 July 2024, while the Court notified the Respondents via the Case Management System (CMS) on 29 July 2024. The Court held that under Rule 278.1 and 2 RoP, written pleadings are served by the Registry through the electronic CMS, and prior inter-party communication via another electronic system such as beA does not constitute effective service. The Court ordered that service of the Statement of grounds of appeal was effected on 29 July 2024.
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
The Court of Appeal of the Unified Patent Court rejected Alexion Pharmaceuticals' request for expedition of its appeal against an order of the Hamburg Local Division dismissing its application for provisional measures against Samsung Bioepis concerning EP 3167888. The court held that the circumstances were not sufficiently urgent to justify shortening the already brief 15-day time limit for the respondent's statement of response, and that Alexion's arguments about seeking patent protection quickly and the appeal involving a purely legal issue were insufficient.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company & Others
Alexion Pharmaceuticals appealed a decision of the Hamburg Local Division of the Unified Patent Court that dismissed its application for provisional measures against multiple Amgen entities concerning EP 3167888. Alongside its appeal, Alexion requested expedition of the appeal proceedings under Rule 9.3(b) of the Rules of Procedure. The Court of Appeal rejected the request for expedition, finding that the circumstances were not sufficiently urgent to justify shortening the already brief 15-day time period for lodging the statement of response.
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