Patricia Rombach
86 IP cases indexed. Covers patent matters.
Cases Presided Over
86 cases indexed | Page 1 of 3
EOFLOW Co., Ltd. v.Insulet Corporation
The Court of Appeal dismissed EOFlow's appeal against the Milan Central Division's denial of its requests under R. 262.2 RoP to classify certain business information as confidential. The court held that trade secrets or confidential information lose their protected character when disclosed to the opposing party without a R. 262A RoP order or other restriction, and that a R. 262.2 RoP request does not automatically prevent the other party from disclosing the information.
Guardant Health, Inc. v.Sophia Genetics SA, Sophia Genetics SAS, Sophia Genetics SRL, Sophia Genetics GmbH
Guardant Health appealed an order of the Paris Local Division rejecting its application for provisional measures against Sophia Genetics regarding European Patent EP 3 443 066, and sought suspensive effect for the associated interim award of costs of EUR 400,000. The Court of Appeal held the application for suspensive effect admissible but unfounded, finding that Guardant failed to demonstrate manifest errors or infringement of fundamental procedural rights, as the record showed both parties had requested interim reimbursement of costs of EUR 600,000. The Court rejected Sophia's request to set a payment deadline and dismissed it as inadmissible.
EOFlow Co., Ltd. v.Insulet Corporation
This appeal concerns a confidentiality request filed by EOFlow in proceedings related to a preliminary injunction finding that its insulin pump products infringe Insulet's European patent EP 4 201 327. The Court of Appeal held that there is no implicit limitation on the use of information received as a result of compliance with a court order to communicate information under Art. 67 UPCA and R. 191 RoP, and that EOFlow should have filed a R. 262A RoP application rather than relying on R. 262.2 RoP. The Court granted Insulet access to the documents labelled 'confidential,' denied EOFlow's request to restrict Insulet's use of the communicated information, and declined to decide on the remaining requests at that stage.
Herbert Smith Freehills Kramer LLP (applicant) in Insulet Corporation v.EOFLow Co., Ltd.
Herbert Smith Freehills Kramer LLP applied to the Court of Appeal of the Unified Patent Court for access to written pleadings and evidence in the concluded proceedings Insulet Corporation v. EOFLow Co., Ltd. (UPC_CoA_768/2024) concerning EP 4 201 327. Both Insulet and EOFLow opposed the request, arguing lack of standing, purely commercial interest, confidentiality protections, GDPR data protection, and copyright concerns. The Court of Appeal granted access to Insulet's Statement of Appeal and a redacted version of EOFLow's Statement of Response, finding that a law firm qualifies as a member of the public and that the applicant's interest in understanding the court's decision was a legitimate general interest.
Viatris Santé v.Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France
Viatris Santé appealed a procedural order from the Paris Local Division that had disregarded certain late-filed exhibits from its rejoinder in provisional measures proceedings brought by Merz. However, the Paris Local Division subsequently issued a final order rejecting Merz's application for provisional measures entirely, rendering Viatris's procedural appeal devoid of purpose. The Court of Appeal disposed of the appeal under R. 360 RoP, noting that Viatris could still seek admission of the exhibits in Merz's separate appeal against the final order.
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
This is an order from the Court of Appeal concerning security for costs (Prozesskostensicherheit) under Article 69(4) EPGÜ and Rule 158 of the Rules of Procedure. The court held that security for costs can only be ordered against the applicant (the party initiating the proceedings), not in their favor. In appeal proceedings, only the respondent on appeal may request security for costs, as the appellant is the party who initiates the appeal. The case involves an appeal by Hefei Xinhu Canned Motor Pump Co., Ltd against a first instance decision of the Local Division Düsseldorf finding patent infringement of EP 2 778 423.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
The Court of Appeal addressed whether to admit the withdrawal of an appeal by the defendant-appellant Strabag following an out-of-court settlement with the plaintiff Swarco, and whether the separate appeal filed by the intervener Chainzone (which supported Strabag) became moot as a result. The Court held that the withdrawal of Strabag's appeal was admissible and that Chainzone's appeal became moot under Rule 360 RoP, because the intervener cannot maintain an independent position contradicting the supported party. The Court further ruled that Chainzone should generally be treated like Strabag regarding costs.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., against expert e-Commerce GmbH and expert klein GmbH. The appeal concerns the assessment of added matter (unzulässige Erweiterung) under Article 123(2) EPC, particularly where the patent was derived from an international application not filed in an official EPO language. The Court of Appeal addressed key legal questions regarding the role of translations of international applications and the standard for assessing disclosures in earlier applications.
Roku International B.V. and Roku, Inc. v.Dolby International AB
This order from the Court of Appeal concerns appeals by Roku against the rejection of its objections (Einsprüche) by the Local Division Munich. The Court of Appeal addressed whether the grounds for objection under Rule 19.1 of the Rules of Procedure are exhaustive, whether the UPC's jurisdictional framework is compatible with EU law, whether the Administrative Committee could replace London with Milan as a Central Division location, and how court fees apply to multiple appeal proceedings. The Court of Appeal upheld the rejection of Roku's objections, finding them inadmissible or unfounded.
expert klein GmbH and expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed a decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The Court of Appeal addressed the legal standard for assessing unallowable extension of subject matter (added matter), particularly in the context of a patent derived from a divisional application.
Expert e-Commerce GmbH, Expert klein GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed against the decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The appeal proceedings (UPC_CoA_764/2024 and UPC_CoA_774/2024) were heard together at an oral hearing on July 11, 2025, with Seoul Semiconductor Co., Ltd. intervening in support of Viosys.
Seoul Viosys Co., Ltd. v.Respondent
The Court of Appeal issued an order disregarding a post-hearing brief filed by Seoul Viosys Co., Ltd. following the oral hearing of July 11, 2025. The court held that under Rule 36 of the Rules of Procedure, there is no basis for filing further pleadings after the close of written proceedings without prior court approval, and this applies even more so after the oral hearing when the case is ready for decision. The court further held that there is no need to respond in writing to the court's introduction after the oral hearing, as any such response should have been made during the hearing itself.
RiVOLUTiON GmbH v.Cilag GmbH International
This is an order of the Court of Appeal concerning an application by RiVOLUTiON GmbH for suspension of enforcement (aufschiebende Wirkung) of a preliminary injunction order issued by the Munich Local Division on August 6, 2025, in favor of Cilag GmbH International and Ethicon LLC regarding EP 2 515 768. The Munich Local Division had ordered Rivolution to cease offering, marketing, or using surgical instruments incorporating the features of claim 1 of the patent in Germany, with a coercive penalty for non-compliance, and ordered Rivolution to pay EUR 64,000 in preliminary costs to Cilag. Rivolution appealed the decision, whose reasoning had not yet been issued, and sought suspension of its effectiveness pending the appeal.
STRABAG Infrastructure & Safety Solutions GmbH v.Respondent
This is an order of the Court of Appeal concerning an application for confidentiality in a patent infringement dispute over EP 2 643 717. The Court of Appeal addressed whether Chainzone, as intervener supporting Strabag, could obtain restrictions on the use and disclosure of Fraunhofer measurement reports that had already been submitted to the Court of First Instance without any prior confidentiality request. The Court held that an application under R. 262A RoP restricting access to or use of information and evidence must be made at the time of filing the document, and a first-time request in appeal proceedings regarding evidence already submitted at first instance is inadmissible.
Visibly Inc. v.Respondent
Visibly Inc. appealed an order of the Hamburg Local Division concerning security for legal costs in its patent infringement action against Easee. After the proceedings were stayed due to insolvency proceedings against the Easee companies, Visibly applied to withdraw the appeal citing an out-of-court settlement, to which Easee consented. The Court of Appeal permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the appeal court fees to Visibly.
Koninklijke Philips N.V. v.Belkin Limited, Belkin GmbH, Belkin International, Inc.,
This decision concerns the withdrawal of a cost assessment application filed by Koninklijke Philips N.V. before the Court of Appeal. Philips had filed the application by mistake, as cost assessment applications fall under the jurisdiction of the Court of First Instance (Local Chamber Munich). The Court of Appeal allowed the withdrawal under Rule 265(1) of the Rules of Procedure without requiring a hearing of Belkin, declared the proceedings terminated, and ordered no separate cost decision.
Easee Holding B.V., Easee B.V., *** v.Visibly Inc.
This appeal concerned cross-appeals against an order of the Hamburg Local Division requiring Easee to provide security for legal costs of EUR 75,000 for the revocation action in proceedings involving patent EP 3 918 974. Following the Local Division's order staying the proceedings in their entirety due to insolvency proceedings regarding the Easee companies, the Court of Appeal stayed the appeal proceedings as they were devoid of purpose during the stay.
Easee B.V., ***, Easee Holding B.V. v.Visibly Inc.
The Court of Appeal of the Unified Patent Court granted suspensive effect to Easee's appeal against a Hamburg Local Division order requiring Easee to provide EUR 75,000 in security for costs related to a revocation counterclaim in a patent infringement action brought by Visibly Inc. concerning EP 3 918 974. The court found that the first instance order contained a manifest legal error, consistent with its prior ruling in AorticLab vs. Emboline, which established that Article 69(4) UPCA does not provide a legal basis for ordering security for costs at the request of a claimant in an infringement action, nor in response to a counterclaim for revocation. The managing director's application was granted outright, while the Easee companies' application was granted provisionally pending resolution of a competence issue regarding their legal representation following their insolvency.
AorticLab srl v.Emboline, Inc.
The Court of Appeal of the Unified Patent Court set aside an order of the Munich Local Division that had required AorticLab to provide security for costs of €200,000 in an infringement action brought by Emboline concerning EP 2 129 425. The Court held that Article 69(4) UPCA deliberately restricts the right to request security for costs to defendants, and that this rationale does not extend to a claimant in an infringement action seeking security against a defendant who has filed a counterclaim for revocation.
Knaus Tabbert AG v.Respondent
This order from the Court of Appeal, dated June 17, 2025, addresses an objection (Gegenvorstellung) filed by Knaus Tabbert AG against the rejection of its request for suspensive effect under Rule 223 of the Rules of Procedure. The underlying dispute concerns alleged infringement of European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The Court of Appeal held that an objection that merely challenges the reasoning expressed in the rejecting order, without raising new substantive grounds, is inadmissible.
Hybridgenerator ApS v.Infotech Concept ApS, Infotech Holding ApS, HGSystem ApS, HGSystem Holding ApS, ***
This appeal concerned the composition of the Court when adjudicating on a request for the imposition of periodic penalty payments under R. 354.4 RoP. The Court of Appeal held that such a request must be adjudicated by a panel, not by a single judge. The appeal was brought by Hybridgenerator ApS against an order of the Copenhagen Local Division dated 3 March 2025, which had declined to impose penalty payments on the Respondents in proceedings concerning alleged infringement of European Patent EP 4 238 202.
Belkin Limited, Belkin International, Inc., Belkin GmbH v.Koninklijke Philips N.V.
This case concerned an appeal and cross-appeal against an order of the Local Division Munich dated December 17, 2024, regarding coercive fines imposed on Belkin for non-compliance with an information obligation under Article 67(1) EPGÜ. The Court of Appeal addressed five key legal questions relating to the setting of deadlines for providing information, the imposition of coercive fines even after belated compliance, the burden of proof regarding compliance, the scope of required disclosures (including manufacturer prices), and the permissible form of the information. The Court issued five guiding principles clarifying the procedural framework for enforcing information orders and the conditions for imposing coercive fines.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
This case concerns an appeal before the Court of Appeal regarding a request for suspensive effect (stay of enforcement) in a patent infringement dispute. SWARCO FUTURIT Verkehrssignalsysteme GmbH, the registered proprietor of European Patent EP 2 643 717 relating to a color and light mixing collective optic, brought an infringement action against STRABAG Infrastructure & Safety Solutions GmbH. STRABAG had installed LED variable traffic signs at certain locations (A12, VKP Kundl, RFB Innsbruck) that it had sourced from Chainzone Technology (Foshan) Co., Ltd., which intervened in support of STRABAG. The Court of Appeal issued an order on May 26, 2025, addressing STRABAG's application for suspensive effect against the first instance decision of January 15, 2025.
Knaus Tabbert AG v.Erwin Härtwich, Yellow Sphere Innovations GmbH
This is an appeal order concerning a request for suspensive effect (stay of enforcement) in a patent infringement dispute involving European Patent EP 3 356 109, which relates to a frame for a vehicle with at least one structural part made of foam resin. The appellant Knaus Tabbert AG sought to stay enforcement of a first-instance order, arguing that the plaintiffs' financial situation required security for enforcement. The Court of Appeal held that the ordering of security for enforcement lies within the discretion of the Court of First Instance, and that a defendant must raise facts justifying such security already at first instance, so that a request for suspensive effect generally cannot rely on the plaintiff's financial situation if this could have been raised earlier.
Hisense Gorenje Germany GmbH, Hisense Europe Holding GmbH v.Corning Incorporated
The Court of Appeal dismissed a request for discretionary review filed by Hisense, TCL, and LG against an order of the Mannheim Local Division refusing to separate infringement proceedings concerning EP 3 296 274. The defendants had sought separation to prevent the disclosure of sensitive supply chain information among competing companies, citing potential EU competition law conflicts. The Court of Appeal held that separation is not the only means to protect confidential information, as restricted access under R. 262A RoP and confidentiality agreements between parties are available alternatives.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA), Kinexon Sports & Media GmbH, Kinexon GmbH
This appeal concerned an order for security for costs and an order on provisional measures brought by Ballinno B.V. against the Kinexon companies and UEFA in relation to EP 1 944 067. The appellant had built its case for provisional measures primarily around a major sports event, but subsequently withdrew its requests for provisional measures before the Court of First Instance issued its order, rendering the action devoid of purpose. The Court of Appeal held that the appeal was admissible and that Ballinno, having taken the inherent risk of its procedural strategy, must be considered the unsuccessful party and bear the costs under Article 69(1) UPCA.
STADAPHARM GmbH v.ACCORD HEALTHCARE S.L.U., ACCORD HEALTHCARE LIMITED,, Novartis AG, ACCORD HEALTHCARE B.V.
The Court of Appeal granted STADAPHARM GmbH's application for public access to written pleadings and evidence under Rule 262.1(b) of the Rules of Procedure. The underlying dispute was a declaration of non-infringement action concerning European Patent EP 2 501 384, brought by Accord Healthcare entities against Novartis AG before the Milan Central Division. Following the withdrawal of the main proceedings by Accord, Novartis withdrew its objections, and the Court of Appeal reversed the Milan Local Division's earlier order dismissing Stadapharm's access request.
Ericsson GmbH, Telefonaktiebolaget LM Ericsson v.Respondent
Ericsson withdrew its second counterclaim for revocation of EP 3 780 758 and the associated appeal before the Court of Appeal, following the Local Division Munich's rejection of the counterclaim as inadmissible based on a preliminary objection by Motorola. Both parties consented to the withdrawal and agreed that each would bear its own costs. The Court of Appeal permitted the withdrawal, closed the proceedings, and ordered a 60% reimbursement of the appeal court fees to Ericsson.
Supponor Italia SRL, Supponor Limited, Supponor España SL, Supponor Oy, Supponor SASU v.AIM Sport Development AG
This appeal concerned two orders of the Helsinki Local Division in an infringement action brought by AIM Sport Development AG against several TGI entities (formerly Supponor entities). The appellants challenged orders relating to the amendment of a claim under Rule 263 RoP and the addition of a defendant under Rule 305 RoP. The Court of Appeal held that the Court of First Instance has discretion under both rules, limiting appellate review, and clarified the procedural requirements for applications under these provisions.
Aarke AB v.Respondent
Aarke AB appealed an order of the Düsseldorf Local Division finding it had infringed EP 1 793 917 and granting an injunction. Before the appeal was decided, Aarke applied to withdraw the appeal pursuant to R. 265 RoP and sought reimbursement of court fees. The Court of Appeal permitted the withdrawal, declared no cost decision was necessary since Sodastream filed no comments or cost requests, and ordered 60% reimbursement of the appeal court fees to Aarke.
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