Michel Abello
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 cases indexed | Page 1 of 1
Industriebeteiligungs- und Beratungs GmbH and others v.Washtower IP B.V. and Washtower B.V.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning provisional measures granted by The Hague Local Division in favor of Washtower against Bega regarding EP 3 522 755. Washtower applied to withdraw its application for provisional measures under R. 265 RoP, with Bega's consent, subject to conditions regarding costs and damages. The Court of Appeal permitted the withdrawal, ordered Washtower to bear the costs of both instances, ordered Washtower to compensate Bega for any injury caused by the provisional measures, and determined the value in dispute at € 530,000.
bioMérieux UK Limited v.Labrador Diagnostics LLC
The Central Division Milan of the Unified Patent Court consolidated a revocation action and a counterclaim for revocation brought by bioMérieux group companies against European Patent EP 3 756 767 B1 (owned by Labrador Diagnostics LLC), concerning modular point-of-care devices. The Court rejected the revocation action and maintained the patent as amended according to Auxiliary Request 3, finding that the Main Request and Auxiliary Requests 1 and 2 contained added subject-matter. Costs were apportioned equitably, with bioMérieux ordered to pay two-thirds of Labrador's legal costs (EUR 400,000), and Labrador's request for confidentiality of the agreed costs amount was dismissed.
bioMérieux UK Limited, bioMérieux SA, bioMérieux Deutschland GmbH, bioMérieux Italia S.p.A., bioMérieux Austria GmbH, bioMérieux Portugal Lda., bioMérieux Benelux BV v.Labrador Diagnostics LLC
This is a procedural order issued by the Court of First Instance of the Unified Patent Court (Central Division Milan) on 18 July 2025, following an interim conference in two related revocation proceedings concerning European Patent EP 3 756 767 B1 owned by Labrador Diagnostics LLC. The order addresses procedural matters including the narrowing of invalidity attacks, structuring of the oral hearing, and setting deadlines for further submissions by the parties.
bioMérieux UK Limited and bioMérieux SA et al. v.Labrador Diagnostics LLC
Procedural order issued by the Court of First Instance of the Unified Patent Court (Central Division Milan) in revocation proceedings concerning European Patent EP 3 756 767 B1 owned by Labrador Diagnostics LLC. Following an interim conference, the court directed bioMérieux to narrow down its approximately 50 invalidity attacks and 16 prior art citations to a manageable number, particularly focusing on Auxiliary Requests 1, 2, and 3, and ordered both parties to provide specific submissions and cost estimates by set deadlines.
Bhagat Textile Engineers - Application for Access to Case File (Rule 262.1(b) RoP) v.Ex Parte
Bhagat Textile Engineers, a member of the public, applied under Rule 262.1(b) RoP for access to the case file of a counterclaim for revocation filed by Himson Engineering in an infringement action brought by Oerlikon Textile regarding patent EP2145848. Bhagat sought access to support its pending appeal and suspension request in a parallel proceeding where it had been found liable for infringement. The Milan Local Division rejected the application, holding that the information sought could be obtained through published court decisions or would be available with the final decision, and that the integrity of the proceedings outweighed Bhagat's interest in using the documents for defense in another forum.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
Procedural Order
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
Procedural order issued by the Local Division Milan of the Unified Patent Court in an infringement action concerning European Patent No. EP2145848, owned by Oerlikon Textile GmbH & CO KG against Himson Engineering Private Limited. The order sets out the agenda for the upcoming Interim Conference and Oral Hearing, addressing issues including settlement possibilities, translation errors in the Italian patent validation, Himson's counterclaim for revocation, Oerlikon's auxiliary requests, the infringement claim, and ancillary measures. The Interim Conference was postponed from 29 November 2024 to 6 December 2024 due to a general strike in Italy.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order concerns Oerlikon's application under Rule 30.2 of the Rules of Procedure to file an eighth auxiliary request (AR8) to amend European Patent EP 2 145 848 B1 in infringement proceedings against Himson Engineering. The court refused the application, finding that AR8 was not an effective response to the new prior art attack based on US '795, could have been introduced earlier with respect to DE '042, was not capable of influencing the outcome, and violated Articles 84 and 123(2) EPC.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This is a procedural order from the Milan Local Division of the Unified Patent Court concerning an application under Rule 262A RoP for confidentiality protection of certain documents filed by Oerlikon in an infringement action regarding EP2145848. The court addressed the treatment of two documents: Document 37 (a Settlement Agreement with a Chinese operator) was withdrawn from evidence entirely, while Document 38 (commercial data) was granted confidential status with restricted access to a defined 'club' of individuals.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This is a procedural order from the Milan Local Division of the Unified Patent Court concerning an application under Rule 262A RoP for the protection of confidential information filed by Oerlikon Textile GmbH & CO KG in an infringement action against Himson Engineering Private Limited regarding patent EP2145848. Oerlikon sought confidentiality protection for two documents (a Settlement Agreement with a Chinese third party and commercial data), requesting access be restricted to Himson's lawyers only. The Court excluded Document 37 from the evidentiary record entirely after Oerlikon withdrew it, and granted restricted 'club' access to Document 38 for Himson's lawyer, one technical consultant, and one natural person representing Himson.
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