Marc van der Burg
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Yellow Sphere Innovations GmbH v.Knaus Tabbert AG
This UPC decision addresses a procedural challenge ('Gegenvorstellung') brought by Knaus Tabbert against the Appeal Court's rejection of its request for interim relief. The court ruled that such a counter-submission is inadmissible if it only disputes the reasoning of the rejecting order, not the merits itself. This ruling reinforces strict procedural boundaries within the UPC system regarding appeals and motions for provisional measures.
Yellow Sphere Innovations GmbH v.Knaus Tabbert AG
This UPC Board of Appeal decision addresses an application for interim relief concerning patent infringement. The court ruled that the requirement for a security deposit to ensure enforcement is not automatic and must be assessed on a case-by-case basis by the lower court. The ruling emphasizes that parties should raise all relevant facts, including financial vulnerabilities, during the initial proceedings rather than relying solely on them in an appeal.
Viking Arm AS v.Stanley Black & Decker Sweden AB
This UPC decision records the formal closure of an infringement and revocation action concerning EP3953541. The Claimant (Viking Arm AS) withdrew its infringement claim, and the Defendants (Stanley Black & Decker entities) simultaneously withdrew their counterclaim for revocation. As both parties mutually agreed to the withdrawal, the Court formally closed the proceedings without needing to rule on costs or merits.
Abbott Diabetes Care Inc. v.Sibio Technology Limited; Umedwings Netherlands B.V.
In a significant ruling concerning provisional measures, the UPC Court of Appeal sided with Abbott Diabetes Care Inc., granting an injunction against Sibio Technology Limited and Umedwings Netherlands B.V. The court set aside the initial CFI decision which had found potential added matter in the patent claims. This case highlights the high bar for obtaining preliminary relief while also providing clarity on how general injunctions can be justified based on a single type of infringement, making it crucial reading for medical device IP practitioners.
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