Marjolein Visser
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
CooperSurgical, Inc. v.European Distribution Center Motiva BVBA; Establishment Labs S.A.; PulseLavage AB
In this UPC case concerning EP 3 302 292 B1, the infringement action brought by CooperSurgical was withdrawn with the consent of the Defendants. The Court then issued a comprehensive cost decision that significantly favored the Defendants. Despite the withdrawal, the Claimant was ordered to pay over €187,000 in costs and expenses to the defendants, although they were granted reimbursement for 60% of their court fees.
Honeywell Control Systems Ltd. v.Sovex Systems B.V., Solvest Participatie V B.V., Solvest Participatie VI B.V., Solvest Participatie VII B.V., Solvink B.V., De Kleine Beuk B.V., Hemtech d.o.o.
In this preliminary objection case, Honeywell challenged jurisdictional and competence arguments raised by multiple defendants against its infringement suit concerning EP 2 563 695 B1. The Local Division Mannheim rejected all objections, clarifying key aspects of UPC jurisdiction. The court held that the requirements for local division competence under Art. 33(1)(a) UPCA are met without needing an extra 'connection,' and affirmed that liability can extend to instigators even if they are not domiciled in the EU.
Toyota Motor Europe NV/SA v.Neo Wireless GmbH & Co. KG
In this UPC case, Toyota Motor Europe sought to withdraw a revocation action against Neo Wireless GmbH & Co. KG concerning patent EP 3 876 490. The Court granted the withdrawal request, formally terminating the proceedings under Rule 265 RoP. Furthermore, the court ruled on the reimbursement of court fees, awarding Toyota a partial refund based on when the withdrawal occurred relative to the procedural stages.
Aylo Premium Ltd. v.DISH Technologies L.L.C.
In a significant decision concerning streaming technology, the UPC Central Division revoked the German national part of EP 3 822 805 B1. The dispute centered on the validity of an apparatus for adaptive-rate content streaming. While the revocation was limited to Germany, the ruling underscores the Court's ability to tailor the scope of patent invalidity across different UPC member states. This case is a key example of how national validation status impacts unitary proceedings.
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