Marije Knijff
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 cases indexed | Page 1 of 1
GC AESTHETICS PARENTCO LIMITED et al. v.ESTABLISHMENT LABS S.A.
In this procedural order concerning a costs request, the UPC Local Division addressed the financial concerns of ESTABLISHMENT LABS S.A., the respondent in an infringement action involving EP 3 107 487 B1. The court determined that while the claimant's financial situation was considered, security for costs was necessary to protect the rights of the defendants. Consequently, ESTABLISHMENT LABS S.A. was ordered to deposit €600,000 within 21 days.
Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.
In this UPC cost decision concerning EP 3 784 233, the Court confirmed that once a patent has been definitively revoked by the EPO's Opposition Division, any parallel revocation action before the UPC becomes redundant. The panel ordered the disposal of the proceedings and ruled on costs, awarding Neurocrine substantial compensation for its legal efforts. This case underscores the importance of monitoring opposition proceedings when pursuing invalidity claims in the UPC.
Malikie Innovations Ltd. v.Nintendo Co., Ltd. a.o.
This procedural order in UPC_CFI_555/2024 addresses a complex infringement and revocation action brought by Malikie Innovations Ltd. against Nintendo Co., Ltd. The court admitted numerous applications, including changes to the patent claims and new prior art documents (D10-D20). A key focus was balancing strict procedural rules regarding late inventive step attacks with pragmatic judicial management of the case, allowing for contested submissions while reserving final decisions on complex issues for the panel.
Malikie Innovations Ltd. v.Nintendo Co., Ltd. a.o.
This procedural order in UPC_CFI_537/2024 addressed critical issues regarding claim scope and evidence admissibility in an infringement and revocation action. The court allowed extensive amendments to the patent claims, provided they maintained a reasonable structure (two strains of auxiliary requests). Furthermore, it admitted new prior art documents introduced by both sides, ensuring that the case can proceed with a comprehensive review of validity and infringement.
Prinoth S.p.A. v.Xelom s.r.l.
This UPC decision concerns a motion to review an urgent order for evidence preservation, inspection, and seizure granted by Prinoth S.p.A. against Xelom s.r.l. The dispute centers on alleged infringement of patents related to snow groomers (battipista). The Tribunal upheld the original protective measure, emphasizing that preliminary injunctions based on urgency require only a statistical likelihood of evidence destruction, not concrete proof. This ruling provides important guidance on the scope and quantification of damages in urgent IP proceedings.
bioMérieux UK Limited v.Labrador Diagnostics LLC
In this UPC revocation case, bioMérieux initiated proceedings against Labrador Diagnostics concerning patent EP 3 756 767 B1. Following an interim conference, the Court recognized that the sheer volume of invalidity attacks presented by bioMérieux was unsustainable for a focused oral hearing. The panel mandated that bioMérieux streamline its strategy, selecting only the most promising and logically consistent set of attacks to ensure procedural efficiency.
bioMérieux Deutschland GmbH, bioMérieux Italia S.p.A., bioMérieux SA, bioMérieux Austria GmbH, bioMérieux Benelux BV, bioMérieux Portugal, Lda. v.Labrador Diagnostics LLC
In this complex UPC case involving bioMérieux and Labrador Diagnostics, the Court issued a critical procedural order following an interim conference. Recognizing that the patent EP 3 756 767 B1 faced an overwhelming number of invalidity attacks, the Panel mandated that the challenging party (bioMérieux) significantly narrow its focus. This ruling emphasizes the need for legal rigor and strategic clarity in complex revocation proceedings, ensuring the oral hearing remains focused on the most promising grounds of attack.
Pirelli Tyre s.p.a. v.Sichuan Yuanxing Rubber co. Ltd.
This UPC decision addressed a request for re-establishment of rights filed by Sichuan Yuanxing Rubber co. Ltd., following an initial seizure order issued by Pirelli Tyre s.p.a. The core dispute centered on whether procedural notification failures constituted a cause outside the respondent's control, thereby allowing them to reset missed deadlines. The Court ultimately rejected the application, holding that the refusal of the recipient to accept the documents fulfilled the legal requirements for service under Italian law. This ruling reinforces the strict adherence required to UPC procedural timelines.
Prinoth S.p.A. v.Xelom S.R.L.
Prinoth S.p.A., a global leader in snow grooming vehicles, successfully obtained an urgent provisional measures order from the UPC CFI against Xelom S.R.L. The court authorized inspection of premises and seizure of the disputed electric snow groomer ('Snow Cat'). This decision is significant as it allows patent holders to secure evidence early in litigation when infringement is suspected but not yet proven.
Fapa Vital AG v.Valentis Baltic, UAB
This decision addresses the procedural issue of reimbursing court fees when an application for provisional measures is withdrawn. The UPC confirmed that despite a technical gap in the Rules of Procedure (RoP), the provisions governing fee reimbursement should be applied by analogy to applications, not just full actions. Since Fapa Vital AG withdrew its application before the closure of the written procedure, it was awarded 60% of its court fees back.
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