Mlakar
23 IP cases indexed. Covers patent matters.
Cases Presided Over
23 cases indexed | Page 1 of 1
Avago Technologies International Sales Pte. Limited v.Telefónica Germany GmbH & Co. OHG
In a procedural ruling, the Düsseldorf Local Division of the UPC allowed Avago Technologies International Sales Pte. Limited to withdraw its patent infringement lawsuit against Telefónica Germany GmbH & Co. OHG. The withdrawal was mutually agreed upon by both parties, indicating that an out-of-court settlement had been reached. This case highlights how procedural flexibility in the UPC allows for the termination of litigation when parties reach a consensual resolution.
Van Loon Beheer Nederland B.V. v.Inverquark Deutschland GmbH
In this UPC case concerning EP 3 653 275 B8, the court addressed a request for an additional expert report following an initial inspection and evidence preservation order. The Local Division of Düsseldorf denied the supplementary expert opinion, finding that the existing findings were sufficient and that the procedure did not necessitate further technical clarification at this stage. However, the court granted access to the unredacted version of the expert's detailed description, ensuring transparency for the claimant.
Atlas Global Technologies GmbH v.Vantiva SA
In a procedural decision, the Düsseldorf Local Division accepted the withdrawal of an infringement claim brought by Atlas Global Technologies GmbH against Vantiva SA and its affiliates. Concurrently, the counterclaim seeking revocation of EP 3186937 was also withdrawn. The court formally terminated both proceedings based on the parties' mutual agreement. This case highlights how procedural agreements between litigants can lead to the early conclusion of complex UPC actions.
Atlas Global Technologies GmbH v.Vantiva SA
In a procedural ruling before the Düsseldorf Local Division of the UPC, Atlas Global Technologies GmbH withdrew its infringement claim against Vantiva SA and its affiliates. Simultaneously, the defendants successfully withdrew their counterclaim seeking revocation of the patent EP 3 353 901. The court accepted both withdrawals, declaring the proceedings terminated. This case highlights how procedural agreements between parties can lead to a swift conclusion in complex UPC litigation, focusing on mutual consent rather than substantive merits.
Van Loon Beheer Nederland B.V. v.Inverquark Deutschland GmbH
Van Loon Beheer Nederland B.V. sought provisional measures to inspect and preserve evidence related to the 'InverJet' product manufactured by Inverquark Deutschland GmbH, alleging patent infringement of EP 3 653 275 B8 (Counter-Current Swimming Device). The court examined the request for inspection at a trade fair booth but ultimately dismissed the application. This decision highlights the stringent procedural requirements under the UPC for obtaining evidence preservation measures prior to filing main infringement proceedings.
Atlas Global Technologies GmbH v.TP-LINK CORPORATION PTE. LTD.
In a case involving TP-LINK and Atlas Global Technologies, the Düsseldorf Local Court issued an order suspending the ongoing infringement and revocation proceedings concerning EP 3 353 901 and EP 3 186 937. The suspension was reached by mutual agreement between all parties involved in the litigation. This procedural step allows both sides to pause the UPC action while awaiting final decisions from the European Patent Office (EPO) or the conclusion of opposition appeals.
Truma Gerätetechnik GmbH & Co. KG v.CAN Srl Airxcel Europe
In a case involving Truma Gerätetechnik GmbH & Co. KG and CAN Srl Airxcel Europe, the UPC Local Division in Düsseldorf ruled on the withdrawal of an infringement claim and a counterclaim for revocation. Both parties mutually agreed to terminate the proceedings before reaching a final judgment on merits. The court formally accepted these withdrawals, concluding the case while also ordering the reimbursement of 60% of the respective court fees paid by each party.
PHOENIX CONTACT GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
In this UPC case concerning EP 3 602 692, the claimant (Phoenix Contact) voluntarily withdrew its infringement suit against the respondents. The court subsequently allowed the withdrawal of the counterclaim for revocation as well. This decision highlights that voluntary withdrawals can lead to the termination of proceedings and trigger specific rules regarding the refund of court fees, providing a clear procedural path for parties seeking an amicable resolution.
PHOENIX CONTACT GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
In a procedural decision, the UPC Local Division of Munich allowed PHOENIX CONTACT GmbH & Co. KG to withdraw its infringement claim against Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. and ILME GmbH. This withdrawal was mutually agreed upon by both parties as part of an out-of-court settlement. Although the merits were not decided, the court issued a detailed cost allocation, refunding fees to both sides based on the timing of the withdrawals.
Visibly Inc. v.Easee B.V.
In this procedural order, the UPC granted Visibly Inc.'s request for security for costs against Easee B.V. The court found that despite arguments regarding the UPCA's scope and the defendants' status as a start-up, the claimant was entitled to protect itself from non-recovery of legal fees due to the defendants' precarious financial situation. This decision reinforces the procedural right of parties in UPC proceedings to seek security for costs when there is a genuine risk that judgment costs cannot be recovered.
Atlas Global Techonologies GmbH v.TP-LINK CORPORATION PTE.LTD.
Atlas Global Techonologies GmbH initiated infringement and revocation proceedings against TP-Link entities concerning EP 3 186 937. The Düsseldorf Local Chamber issued an order suspending the entire case based on a mutual agreement reached by all parties involved in the litigation. This suspension is a common procedural mechanism used to allow parties time for negotiation or settlement outside of court, effectively pausing the legal battle.
Atlas Global Technologies GmbH v.Vantiva SA; Vantiva Technologies SAS; Vantiva Technologies Germany GmbH
In a procedural ruling issued by the Düsseldorf Local Division of the Unified Patent Court, the infringement and revocation proceedings concerning EP 3 353 901 were suspended. Atlas Global Technologies GmbH (Claimant) and Vantiva entities (Respondents) mutually agreed to this suspension. This decision highlights the parties' ability to manage complex UPC litigation through procedural agreements.
Atlas Global Technologies GmbH v.TP-Link Deutschland GmbH
In a procedural development concerning the patent EP 3 353 901, Atlas Global Technologies GmbH initiated proceedings against TP-Link entities. The Düsseldorf Local Division issued an order suspending the case. This suspension was reached by mutual agreement of all parties involved in the infringement and revocation actions. This highlights how strategic agreements can pause high-stakes UPC litigation.
MANN+HUMMEL GmbH v.SOTRAS - S.R.L.
In this UPC case concerning EP 2 762 219, MANN+HUMMEL GmbH sought interim measures against SOTRAS - S.R.L. However, the parties reached an out-of-court settlement, leading to a request for withdrawal of the application. The Local Division allowed the withdrawal, confirming that no legitimate interest was shown by the respondent in having the case decided. Although the main action was dropped, MANN+HUMMEL successfully secured a refund of 60% of its court fees.
Nichia Corporation v.Endrich Bauelemente Vertriebs GmbH
This UPC decision confirms the settlement reached between Nichia Corporation and Endrich Bauelemente Vertriebs GmbH regarding infringement of EP 2 323 178 B1. Although the case was settled, the court provided specific procedural rulings, including setting the value of the infringement claim at EUR 1 million. The ruling also mandated a partial refund of court fees for the claimant, highlighting the procedural benefits available when disputes are resolved amicably.
Swarco Futurit Verkehrssignalsysteme Ges.m.b.H. v.Chainzone Technology (Foshan) Co., Ltd.
In a procedural ruling within the UPC Local Division, the court addressed Chainzone Technology's request for access to case files related to EP2643717. Despite initial delays and considerations regarding ongoing proceedings, the court ultimately granted the requested file access. This decision underscores the importance of transparency in UPC proceedings, even when preliminary measures like evidence preservation are involved.
SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. v.Yunex GmbH
In this UPC case, SWARCO FUTURIT sought evidence preservation regarding alleged patent infringement by Yunex GmbH concerning specialized collection optics used in LED display panels. The court ultimately dismissed the application because of procedural actions taken by the respondent, making further investigation unnecessary. This decision highlights the strict procedural requirements within the UPC framework for preliminary measures like evidence preservation.
G. Pohl-Boskamp GmbH & C. KG v.pharma-aktiva GmbH
G. Pohl-Boskamp GmbH & C. KG successfully obtained provisional measures against multiple defendants, including pharma-aktiva GmbH and various Aldi/Hofer group entities, regarding the alleged infringement of EP 1 993 363 B1. The patent covers a specific composition used to combat ectoparasites. The court issued an immediate injunction prohibiting the manufacture and sale of the infringing product in Germany and Austria, alongside imposing significant penalty payments (Zwangsgeld). This decision highlights the broad reach of UPC provisional measures against large retail groups.
MSG Maschinenbau GmbH v.EJP Maschinen GmbH
In this complex UPC case involving infringement and revocation, the central patent (EP 3 225 320 B1) was fully revoked by the EPO Board of Appeal prior to the final hearing. Consequently, the Local Division of Munich allowed the claimant to withdraw its infringement suit and declared the infringement proceedings terminated. The counterclaim for revocation was also dismissed as moot. This decision highlights how external events, such as patent revocation, can fundamentally alter the trajectory of UPC litigation.
i-mop GmbH v.ARCORA International GmbH
In this UPC case, i-mop GmbH successfully obtained a default judgment against ARCORA International GmbH regarding the infringement of its floor cleaning device patent (EP 3 760 094). The court found that ARCORA's product infringed the patent claims and granted preliminary relief, including damages and an injunction. Although the case was ultimately concluded due to partial withdrawal by i-mop, the ruling serves as a significant precedent regarding default judgments in UPC infringement proceedings.
Bioletic Holding GmbH & Co. KG v.Light Guide Optics Germany GmbH; S.I.A. LIGHTGUIDE International
Bioletic Holding GmbH & Co. KG sought provisional measures against Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International, alleging that their product infringed on EP 3 685 783 B1 related to laser fibers for vein treatment. The Düsseldorf Local Division ultimately denied the request for an injunction. The court found that the claimant did not meet the necessary threshold of demonstrating exceptional harm or irreparable damage required for provisional relief, despite the long-standing competition.
KraussMaffei Extrusion GmbH v.TROESTER GmbH & Co. KG
In a case concerning patent infringement related to extrusion technology, KraussMaffei Extrusion GmbH successfully withdrew its lawsuit against TROESTER GmbH & Co. KG after reaching an out-of-court settlement. The UPC Local Division accepted the withdrawal and terminated the proceedings. Crucially, the court ruled that because the litigation was not yet fully concluded—due to pending issues like expert reports and parallel EPO appeal decisions—the claimant was entitled to a partial refund of their court fees.
KraussMaffei Extrusion GmbH v.TROESTER GmbH & Co. KG
In this UPC case concerning patent infringement, the claimant (KraussMaffei Extrusion GmbH) successfully withdrew its action against the respondent (TROESTER GmbH & Co. KG). The court accepted the withdrawal because both parties had reached an out-of-court settlement and the respondent consented to the claim's termination. Crucially, the court ruled that since the oral proceedings were not yet finalized—due to pending issues like expert reports or EPO appeal outcomes—the claimant was entitled to a partial refund of 20% of the court fees.
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