Marc van der Burg
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
The Court of Appeal of the Unified Patent Court dismissed Knaus Tabbert's objection (Gegenvorstellung) against the rejection of its request for suspensive effect of its appeal. The court held that an objection under Rule 9.1 of the Rules of Procedure, which merely contests the reasoning of the rejecting order, is inadmissible, as Rule 9.1 governs procedural management measures and does not permit the alteration of final procedural orders.
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
This is a decision by the Court of Appeal of the Unified Patent Court concerning Knaus Tabbert AG's application for suspensive effect of its appeal against a first-instance decision of the Local Chamber Düsseldorf. The first-instance court had found that Knaus Tabbert infringed European Patent EP 3 356 109 (relating to a vehicle frame with foam resin structural parts) and ordered injunctive relief, recall, destruction, and provisional damages. The Court of Appeal rejected all of Knaus Tabbert's requests, holding that ordering security for enforcement is discretionary and that facts requiring such security must be raised at first instance.
Viking Arm AS v.Stanley Black & Decker Sweden AB, Stanley Black & Decker Inc., and Stanley Black & Decker Deutschland GmbH
Viking Arm AS filed an infringement action against three Stanley Black & Decker entities concerning European Patent EP3953541, and the defendants filed a counterclaim for revocation. Both parties subsequently agreed to withdraw their respective actions, and the court declared the proceedings closed without issuing a costs decision.
Abbott Diabetes Care Inc. v.Sibio Technology Limited, Umedwings Netherlands B.V.
Abbott Diabetes Care Inc. appealed a decision by the UPC Local Division The Hague that denied its request for a preliminary injunction against Sibio Technology Limited and Umedwings Netherlands B.V. (collectively "Sibionics") for alleged infringement of European Patent EP 3 831 283 relating to an on-body glucose monitoring device. The Court of Appeal set aside the first instance order, finding that the patent claims did not contain added matter, and granted a preliminary injunction prohibiting Sibionics from infringing the patent with its GS1 CGM product, along with information and delivery-up orders.
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