Michel Abello
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 cases indexed | Page 1 of 1
Industriebeteiligungs- und Beratungs GmbH v.Washtower IP B.V.
In this UPC Court of Appeal decision, the parties agreed to settle the dispute regarding provisional measures. The court permitted the withdrawal of the appeal, contingent on Washtower covering all legal costs and compensating Bega for any damages resulting from the initial injunctions. Crucially, the court determined the value in dispute at €530,000, applying a specific calculation method derived from the Guidelines to assess recoverable costs.
bioMérieux UK Limited v.Labrador Diagnostics LLC
In a significant decision concerning point-of-care diagnostics, the UPC Central Division rejected the revocation action brought by bioMérieux against EP 3 756 767 B1. The Court found that the patent remained valid when amended by Auxiliary Request 3 (AR 3). This ruling reinforces the importance of auxiliary requests in preserving patent rights and sets a precedent regarding the proportionality of validity challenges before the UPC.
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.
Bhagat Textile Engineers v.Oerlikon Textile GmbH & CO KG, Himson Engineering Private Limited
This UPC decision addressed a public access application filed by Bhagat Textile Engineers seeking access to documents in an infringement and revocation action. The court ultimately denied the access request, emphasizing that while transparency is important, it must be balanced against the integrity of the judicial process and the procedural rights of the parties involved. The ruling highlights the high bar for 'public interest' when a party seeks information primarily to support its own litigation strategy.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order in the UPC case Oerlikon v Himson addresses key strategic issues in a complex infringement and revocation action concerning textile machinery. The Court confirmed that both parties' claims are narrowly focused on Claim 1, reinforcing the 'front loaded' principle of the UPC system. Furthermore, the court managed evidentiary disputes, allowing for video evidence while restricting late-stage document submissions to maintain procedural efficiency. This decision sets a clear path forward toward an oral hearing in mid-2025.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
In this procedural order (UPC_CFI_240/2023), Oerlikon Textile GmbH & CO KG addressed its infringement claim against Himson Engineering Private Limited regarding patent EP2145848. The court focused heavily on case management, defining the scope of evidence and arguments for the upcoming oral hearing. Key issues included Himson's counterclaim for revocation, Oerlikon's auxiliary requests, and the admissibility of video and testimonial evidence. Due to a general strike in Italy, the interim conference was postponed.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
In this procedural order concerning the revocation of EP2145848, Oerlikon sought to introduce an eighth auxiliary request (AR8) based on new prior art. The UPC Court ruled against Oerlikon, emphasizing that Rule 30.2 ROP is a restrictive measure designed to prevent endless amendments and maintain procedural efficiency. This decision reinforces the strict requirements for introducing subsequent amendments in patent litigation.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
This procedural order addressed a request for confidentiality regarding sensitive documents submitted during an infringement action. The UPC ruled that certain redacted commercial data was protected as confidential information, granting access only to specific parties of the respondent's team. Conversely, a settlement agreement document was excluded from evidence entirely. This decision highlights the court's nuanced approach to balancing trade secret protection with procedural fairness in complex patent litigation.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
In this procedural order within an infringement action, Oerlikon Textile sought protection for confidential information contained in documents submitted during litigation. The UPC Court addressed two key documents: a settlement agreement (Doc n. 37) and commercial data (Doc n. 38). The court ultimately excluded the highly sensitive settlement agreement from evidence while granting Himson Engineering limited, controlled access to the redacted commercial data under strict confidentiality rules.
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