Nathalie Sabotier
6 IP cases indexed. Covers patent matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
ONWARD Medical N.V. v.Niche Biomedical, Inc.
This is an appeal concerning an application for interim measures related to alleged direct and indirect infringement of European Patent EP 3 421 081 B1, which relates to a system for neuromodulation. ONWARD Medical N.V., the registered proprietor of the patent, sought interim measures against Niche Biomedical, Inc. before the Local Division Munich, which issued an order on October 17, 2025. The appeal addressed key procedural and substantive issues including the assertion of a non-registered claim version in interim proceedings, the admissibility of auxiliary requests under Rule 222 of the Rules of Procedure, and the determination of intended use under Article 26 EPGÜ for indirect patent infringement.
A. Menarini Diagnostics S.r.l., Berlin-Chemie AG, A. Menarini Diagnostics Frankreich SASU v.F. Hoffmann- La Roche AG, Roche Diabetes Care GmbH
This appeal concerned EP 1 962 668, a patent dispute in which F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH had obtained an order for interim measures against A. Menarini Diagnostics entities from the Local Chamber Düsseldorf on December 5, 2025. The Menarini entities appealed that order. Before the appeal could be heard, the parties reached an out-of-court settlement, and Roche withdrew its request for interim measures. The Court of Appeal allowed the withdrawal pursuant to Rule 265 of the Rules of Procedure and terminated the proceedings, noting that each party would bear its own costs.
Black Sheep Retail Products B.V v.HL Display AB
This appeal concerned patent EP 2 432 351, where the Local Division the Hague had found Black Sheep Retail Products B.V. infringed the patent and dismissed Black Sheep's counterclaim for revocation. Black Sheep appealed, but subsequently filed a withdrawal of the appeal proceedings under Rule 265(1) RoP, with HL Display's consent. The Court of Appeal permitted the withdrawal and ordered a 50% reimbursement of court fees to Black Sheep under the amended Rule 370.9 RoP applicable to applications filed after 1 January 2026.
Syntorr LP v.Arthrex Inc., Arthrex GmbH, Arthrex Distribution Hub EMEA B.V.
Syntorr LP filed a patent infringement action against the Arthrex companies before the Local Division Munich concerning EP 2 670 898. The defendants sought security for costs under R. 158.1 RoP, which was granted in the amount of €2,000,000. On appeal, the Court of Appeal set aside the orders, holding that Syntorr's existing litigation insurance with an anti-avoidance endorsement from an EU-licensed insurer provided adequate protection, and ordered the release of the bank guarantee Syntorr had provided.
Innovative Sonic Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd., OnePlus Technology (Shenzhen) Co. Ltd., Realme Chongqing Mobile Telecommunications Corp., Ltd., OROPE Germany GmbH, OTECH Germany GmbH, Realme Germany GmbH, Oleading B.V., Reflection Investment B.V
The Court of Appeal of the Unified Patent Court dismissed Innovative Sonic Corporation's appeal against an order of the President of the Local Division Munich that changed the language of proceedings from German to English. The court held that when deciding on a request to change the language of proceedings on grounds of fairness, all relevant circumstances must be considered, primarily those related to the specific case and the position of the parties, particularly the defendant.
Black Sheep Retail Products B.V. v.HL Display AB
The Court of Appeal of the Unified Patent Court dismissed Black Sheep Retail Products B.V.'s (BSRP) application for suspensive effect against an information order issued by the Hague Local Division in infringement proceedings brought by HL Display AB concerning EP 2 432 351. The Court of Appeal held that BSRP failed to demonstrate exceptional circumstances warranting suspension, as information orders are necessary to ensure a high level of patent protection and BSRP had not shown manifest error or that the appeal would be devoid of purpose.
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