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.Respondent
This order from the Court of Appeal, dated June 17, 2025, addresses an objection (Gegenvorstellung) filed by Knaus Tabbert AG against the rejection of its request for suspensive effect under Rule 223 of the Rules of Procedure. The underlying dispute concerns alleged infringement of European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The Court of Appeal held that an objection that merely challenges the reasoning expressed in the rejecting order, without raising new substantive grounds, is inadmissible.
Knaus Tabbert AG v.Erwin Härtwich, Yellow Sphere Innovations GmbH
This is an appeal order concerning a request for suspensive effect (stay of enforcement) in a patent infringement dispute involving European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The appellant Knaus Tabbert AG sought to stay enforcement of a first-instance order, arguing that the plaintiffs' financial situation required security for enforcement. The Court of Appeal held that the ordering of security for enforcement lies within the discretion of the Court of First Instance, and that a defendant must raise facts justifying such security already at first instance, so that a request for suspensive effect generally cannot rely on the plaintiff's financial situation if this could have been raised earlier.
Stanley Black & Decker Inc. , Stanley Black & Decker Sweden AB, Stanley Black & Decker Deutschland GmbH v.Respondent
This case concerned European Patent EP 3953541, owned by Viking Arm AS, which initiated an infringement action against three Stanley Black & Decker entities. The defendants filed a counterclaim for revocation of the same patent. The parties subsequently reached a mutual agreement to discontinue the proceedings, with Viking Arm withdrawing the infringement action and Stanley withdrawing the counterclaim for revocation.
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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