Margot Kokke
20 IP cases indexed. Covers patent matters.
Cases Presided Over
20 cases indexed | Page 1 of 1
Amycell LLC v.***
1 Local Division The Hague UPC_CFI_499/2024 Order of the Court of First Instance of the Unified Patent Court delivered on 09/12/2025 regarding: R.356 and R.353 APPLICANT/DEFENDANT IN THE MAIN PROCEEDINGS 1) Spyra (Applicant) - - - - Represented by Michal Przyluski RE
Abbott Diabetes Care Inc. v.Sinocare et al.
UPC_CFI_587 22 October 2025 1 UPC_CFI_587/2025 ORDER of the Court of First Instance of the Unified Patent Court Local Division in The Hague issued on 22 October 2025 concerning EP 3 988 471 (R.211 provisional measures) APPLICANT Abbott Diabetes Care Inc. Represented by: Christ
Abbott Diabetes Care Inc. v.Sinocare et al.
This is a provisional measures order from the Court of First Instance, Local Division in The Hague, concerning European patent EP4344633. Applicant Abbott Diabetes Care Inc., a market leader in continuous glucose monitoring (CGM) systems with its FreeStyle Libre product, sought provisional measures against Defendants Sinocare Inc. and A.Menarini Diagnostics s.r.l. in connection with their GlucoMen iCan CGM system. The dispute centers on an alleged infringement of Abbott's unitary patent relating to CGM technology, with Sinocare manufacturing the device and Menarini holding exclusive distribution rights in over 20 European countries.
HL Display AB v.Black Sheep Retail Products
1. Infringement action about shelf dividers. Patent valid and infringed. Indirect infringement. Long-arm jurisdiction. 2. Counterclaim for declaration of non-infringement with revised product held inadmissible. There was no assertion of infringement prior to instituting the counterclaim nor had defendant applied in writing for an acknowledgement as meant in R. 61.1 RoP. Such assertion may not be deduced from the mere fact that the patent was invoked with respect to a different product. Rel
UPC Decision UPC-000366 v.Respondent
This case concerns an application for provisional measures (preliminary injunction) filed by Washtower IP B.V. and Washtower B.V. against several defendants, including members of the BEGA group of companies, alleging infringement of European Patent EP3522755B1. The patent relates to a cabinet designed to house a washing machine or washer-dryer at waist level for ergonomic use. The application against the first defendant, Wasombouw B.V., was withdrawn shortly after filing, while the proceedings continued against the remaining defendants. The Local Division The Hague of the Court of First Instance held an oral hearing on 14 August 2025 and issued its order on 11 September 2025.
Washtower v.INDUSTRIEBETEILIGUNGS- UND BERATUNGS GMBH et al
Washtower IP B.V. and Washtower B.V. (Applicants), proprietors of European Patent EP3522755B1 relating to cabinets for housing washing machines at waist level, sought provisional measures against several defendants from the BEGA furniture group and a related partner company. The application concerned alleged infringement of the patent by the defendants' manufacture and sale of competing washing machine cabinets. The Local Division The Hague issued an order on provisional measures following an oral hearing held on 14 August 2025, after the Applicants filed their application on 28 May 2025 and the parties exchanged submissions including objections, replies, and rejoinders.
Edwards Lifesciences Corporation v.Respondent
Edwards Lifesciences Corporation filed an application for provisional measures before the Milan Local Division based on EP 3 646 825 B1 against Sintec S.r.l. and Value Med S.r.l. The parties subsequently reached a settlement agreement on 23 June 2025 and jointly requested the Court to confirm it. The Court confirmed the settlement but dismissed Edwards's request for reimbursement of 60% of the court fees, holding that Rule 370.9(c)(i) RoP does not apply to provisional measures proceedings.
Orbisk B.V. v.Winnow Solutions Limited
Winnow Solutions Limited, proprietor of European Patent EP 3198245 relating to a system and method for monitoring food waste, sued Orbisk B.V. for patent infringement. Orbisk counterclaimed for revocation. The court found the patent valid only in a limited amended form (auxiliary request) that was not infringed by Orbisk's product, resulting in partial revocation of the patent and an order for Winnow to pay 85% of Orbisk's costs.
Winnow Solutions Limited v.Orbisk B.V.
Winnow Solutions Limited, proprietor of European Patent EP 3198245 relating to a system and method for monitoring food waste, sued Orbisk B.V. for patent infringement. The Court of First Instance of the Unified Patent Court (Local Division The Hague) found the patent valid only in a limited amended form (auxiliary request 3) and held that Orbisk's product did not infringe the patent as so limited. The counterclaim for revocation was partially successful, with some claims revoked and others upheld, and Winnow was ordered to pay 85% of Orbisk's costs.
Tiroler Rohre GmbH v.SSAB Europe Oy, SSAB Swedish Steel GmbH
This case before the Local Division Munich concerned an infringement action by Tiroler Rohre GmbH, the sole proprietor of European Patent EP 2 839 083 B9, against SSAB Swedish Steel GmbH and SSAB Europe Oy regarding pile driving tips (Rammspitzen) for tubular piles. The defendants sold competing pile tips under the designations GS115, GS140, and GS170. The defendants raised a counterclaim for revocation and filed an appeal. The court addressed the burden of proof regarding infringement arguments based on circumstances outside the patent claim, holding that the defendant bears the burden of proof for such arguments and that the infringement plaintiff is not required to present arguments about components outside the patent claim under Art. 54 EPGÜ.
Mammoet Holding B.V. v.P.T.S Machinery B.V.
1 The Hague - Local Division UPC_CFI_16/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 19/02/2025 APPLICANT Mammoet Holding B.V. (Applicant) - Karel Doormanweg 47 - 3115 JD - Schiedam - NL Represented by Ricardo Dijkstra RELEVA
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Respondent
This is a rectification order from the Local Division Munich of the Court of First Instance concerning EP 3 646 825, a patent related to heart valve prostheses. Meril Gmbh and Meril Life Sciences Pvt Ltd. (the defendants in the underlying infringement action) applied under Rule 353 RoP to rectify clerical mistakes, errors in calculation, and obvious slips in the court's decision of 15 November 2024. The court granted several rectifications relating to factual inaccuracies on pages 13, 14, 28, 39, 41, 53, and 59 of the decision, while dismissing the remaining requests.
Dexcom Inc. v.Respondent
This case concerned infringement proceedings and counterclaims for revocation brought by Abbott Diabetes Care Inc. against Dexcom Inc. and Dexcom International Limited regarding European Patent EP4070727. All parties requested withdrawal of their respective claims and consented to the closure of the proceedings, with no cost decision requested. The Court of First Instance allowed the withdrawal, declared the proceedings closed, and ordered reimbursement of 20% of the court fees to the claimant, amounting to EUR 7,400, while setting the value of the cases at EUR 4,000,000.
President and Fellows of Harvard College v.Respondent
This case concerns a patent infringement action (UPC_CFI_22/2023) involving European Patent EP4108782, owned by President and Fellows of Harvard College, against Vizgen, Inc. The dispute centers on Plaintiff Harvard's third request to amend the patent, filed on October 25, 2024, which was rejected by the Rapporteur's order of November 8, 2024. The Local Chamber Hamburg reviewed the order under Rule 333.1 RoP and confirmed the rejection, holding that approximately three months between the alleged reason for the amendment and the filing of the request was too long under Rule 30.2 RoP.
Amycel LLC v.***
1 Intern gebruik The Hague - Local Division UPC_CFI_499/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 19/12/2024 regarding R.275 RoP APPLICANT Amycel LLC 260 Westgate Drive - 95076 - Watsonville, California - US Represented by H
Tiroler Rohre GmbH v.Respondent
The Local Chamber Munich addressed the procedural consequences following the withdrawal of an application for interim measures concerning European Patent EP 2 839 083. After the applicant withdrew its request following the oral hearing, the defendants argued they had a legitimate interest in a substantive decision due to defense costs and the imminent filing of a main action. The court held that no legitimate interest existed for a decision after withdrawal, as such a decision would have no res judicata effect and could not prevent new proceedings.
10x Genomics, Inc., President and Fellows of Harvard College, v.Vizgen, Inc.
This is an order from the Local Division Hamburg concerning a patent infringement action involving European Patent EP4108782 held by President and Fellows of Harvard College. The defendant Vizgen, Inc. filed a request under Rule 333.1 of the Rules of Procedure seeking review by the full panel of the reporting judge's order of August 15, 2024, which had rejected Vizgen's requests for production of documents. The disputed documents relate to non-technical objections, specifically allegations of abuse of rights (Rechtsmissbrauch), and were originally produced in US parallel proceedings.
OrthoApnea S.L. v.Respondent
This is a procedural decision of the Local Division Brussels concerning an Application for Review filed by the defendants against a prior case management order. The defendants, OrthoApnea S.L. and VIVISOL B BV, sought review of Order ORD_37783/2024 of 8 July 2024, which had rejected their objection against the claimant's equivalence arguments while granting an extension for filing a Statement of Rejoinder until 1 August 2024. The underlying dispute relates to European Patent EP 2 331 036 and concerns the permissibility of the claimant supplementing factual context, adding equivalence-based infringement arguments, and adjusting the prayer for relief in their Reply to the Statement of Defence.
OrthoApnea S.L. v.Respondent
This case concerns an infringement action before the Local Division Brussels regarding European Patent EP 2 331 036. The Defendants filed a Generic Procedural Application on June 24, 2024, objecting to the Claimant's Reply to the Statement of Defence. The dispute centers on whether the Claimant may supplement the factual framework, add an equivalence-based infringement argument, and adjust the prayer for relief in his Reply. The Judge-Rapporteur issued a definitive procedural order on July 8, 2024, following a provisional order of June 25, 2024 that invited further submissions from both parties.
Umedwings Netherlands B.V., Sibio Technology Limited v.Abbott Diabetes Care Inc.
Abbott Diabetes Care Inc., the proprietor of European patent EP 3 831 283 relating to an on-body glucose sensor device, applied for provisional measures including a preliminary injunction against Sibio Technology Limited and Umedwings Netherlands B.V. The defendants did not oppose the facts presented. The Court of First Instance denied the application, holding that on the balance of probabilities the patent would more likely than not be held invalid in proceedings on the merits due to added matter extending beyond the content of the application as filed.
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