Patricia Rombach
101 IP cases indexed. Covers patent matters.
Cases Presided Over
101 cases indexed | Page 1 of 4
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
The Court of Appeal of the Unified Patent Court ordered Hefei Xinhu Canned Motor Pump Co., Ltd to provide security for costs of EUR 75,000 in each of two appeal proceedings (UPC_CoA_622/2025 and UPC_CoA_623/2025) brought against Grundfos Holding A/S. The court held that under Art. 69(4) EPGÜ, only the respondent to an appeal (Berufungsbeklagter) is entitled to request security for costs, and that the risk of enforcement difficulties in China justified the order.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
This decision of the Court of Appeal concerns the consequences of the withdrawal of an appeal by the main party (STRABAG) on the appeal lodged by its intervener (Chainzone) in a patent infringement case. The court held that an intervener cannot continue an appeal independently once the supported party withdraws its appeal following an out-of-court settlement, rendering the intervener's appeal moot. Chainzone's appeal was dismissed and it was ordered to bear its own costs.
STRABAG Infrastructure & Safety Solutions GmbH v.SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H.
This case concerns the withdrawal of an appeal by the main party (Strabag) following an out-of-court settlement with the opposing party (Swarco) in a patent infringement dispute concerning EP 2 643 717, and the consequences for the appeal independently filed by the intervener (Chainzone). The Court of Appeal admitted the withdrawal of Strabag's appeal and declared Chainzone's separate appeal moot under R. 360 of the Rules of Procedure, holding that an intervener cannot continue an appeal independently once the supported party withdraws from the proceedings.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., which relates to a light emitting diode (LED) of the flip-chip type. The Court of Appeal upheld the Local Division Düsseldorf's finding that the patent was invalid due to added matter (unzulässige Erweiterung) because claim 1, directed to an LED with only a single mesa, extended beyond the content of the earlier application. The appeal was dismissed and Viosys was ordered to bear the costs of the appeal proceedings.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., which relates to a flip-chip type light emitting diode (LED). The Court of Appeal upheld the first instance decision from the Local Division Düsseldorf, confirming that the patent is invalid due to inadmissible extension (added matter) because the claimed LED with only a single mesa extends beyond the content of the earlier application. The appeal was dismissed and Viosys was ordered to bear the costs of the appeal proceedings.
Roku International B.V. and Roku, Inc. v.Dolby International AB and Sun Patent Trust
The Court of Appeal of the Unified Patent Court rejected appeals by Roku against orders of the Local Division Munich that had dismissed Roku's objections to infringement actions brought by Dolby and Sun Patent Trust. The court held that Rule 19.1 of the Rules of Procedure provides an exhaustive list of permissible grounds for objection, that the UPC's jurisdiction under the UPCA does not infringe the division of tasks between the CJEU and national courts, and that the Administrative Committee was authorized to replace London with Milan as a division of the Central Division.
Roku International B.V. and Roku, Inc. v.Dolby International AB and Sun Patent Trust
Roku appealed orders of the Local Division Munich that had rejected its objections to the court's jurisdiction in three infringement actions brought by Dolby and Sun Patent Trust concerning three European patents. The Court of Appeal held that Rule 19.1 of the Rules of Procedure provides an exhaustive list of admissible grounds for objection, that the UPC's jurisdiction under Article 31 UPCA in conjunction with Articles 71a et seq. Brussels Ia Regulation and Article 32 UPCA does not interfere with the division of tasks between the CJEU and national courts under Articles 19 TEU and 267 TFEU, and that the Administrative Committee was authorized under Article 87(2) UPCA to replace London with Milan as a division of the Central Division. All appeals were dismissed.
Roku Inc. and Roku International B.V. v.Dolby International AB and Sun Patent Trust
The Court of Appeal of the Unified Patent Court dismissed Roku's appeals against orders of the Local Division Munich that had rejected Roku's objections to infringement actions brought by Dolby and Sun. The court upheld the admissibility of objections based on lack of jurisdiction under R. 19.1(a) RoP, confirmed the UPC's international jurisdiction under Art. 31 UPCA in conjunction with Art. 71a ff. Brussels Ia Regulation, and held that the Administrative Committee was authorized under Art. 87(2) UPCA (applied analogously) to replace London with Milan as a section of the Central Division following the UK's withdrawal from the EU.
expert klein GmbH and expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This appeal concerned European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd., relating to a flip-chip light-emitting diode (LED). The Court of Appeal reversed the first instance decision, holding that claim 1 of the patent contained an inadmissible extension of subject matter because feature 5.2 (openings near the edge of the substrate) was not clearly and unambiguously disclosed in the original application as filed. Claims 1, 4, 5, 6, and 9 were declared invalid, the infringement claims were dismissed, and Viosys was ordered to bear the costs.
Expert e-Commerce GmbH & Expert klein GmbH v.Seoul Viosys Co., Ltd.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 926 698, which relates to a flip-chip light-emitting diode (LED). The Court of Appeal overturned the first instance decision, finding that claim 1 (and dependent claims 4, 5, 6, and 9) contained an inadmissible extension of subject matter because a key feature regarding openings near the substrate edge was not clearly and unambiguously disclosed in the original parent applications. The Court declared the relevant claims invalid and rejected all infringement claims brought by Seoul Viosys.
Seoul Viosys Co., Ltd. v.expert klein GmbH & expert e-Commerce GmbH
The Court of Appeal of the Unified Patent Court issued an order on August 21, 2025, disregarding a post-hearing submission filed by Seoul Viosys Co., Ltd. after the oral hearing of July 11, 2025. Viosys had submitted a Rule 9 filing along with a post-hearing brief summarizing its arguments in response to the court's introduction. The court held that under Rule 36 RoP, further submissions require prior court approval and are not permitted after the oral hearing, when the case is ready for decision.
RiVOLUTiON GmbH v.Cilag GmbH International
The Court of Appeal of the Unified Patent Court dismissed RiVOLUTiON GmbH's application for suspensive effect (stay) of a first-instance preliminary injunction order. The Local Chamber Munich had ordered RiVOLUTiON to cease offering and selling surgical instruments infringing claim 1 of EP 2 515 768 in Germany, with a penalty payment for non-compliance and a cost reimbursement of €64,000 to Cilag. The Court of Appeal held that evident errors in the first-instance order could not be established without the reasoning being available, and that the balancing of interests did not justify a stay.
STRABAG Infrastructure & Safety Solutions GmbH v.SWARCO FUTURIT Verkehrssignalsysteme GmbH (Confidentiality Order)
This is an order of the Court of Appeal of the Unified Patent Court dated August 1, 2025, concerning requests for confidentiality and access/use restrictions in an appeal arising from a patent infringement action. The court partially granted the confidentiality requests of STRABAG and its intervener Chainzone, classifying certain information and annexes as confidential trade secrets under Art. 58 EPCA, while rejecting certain requests as inadmissible because they were first raised in the appeal proceedings regarding evidence already submitted in first instance.
Visibly Inc. v.Easee B.V. and Others
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.
The Court of Appeal of the Unified Patent Court addressed Philips's application for cost assessment (R. 151 RoP) following a May 30, 2025 cost allocation order (65% to Belkin, 35% to Philips). Philips withdrew the application on the same day it was filed, explaining it was filed by mistake at the Court of Appeal instead of the Local Chamber Munich. The Court allowed the withdrawal, declared the proceedings terminated, and ordered no separate cost decision.
Easee Holding B.V., Easee B.V. and managing director 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. and managing director 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.Yellow Sphere Innovations GmbH and Erwin Härtwich
The Court of Appeal of the Unified Patent Court dismissed Knaus Tabbert's objection (Gegenvorstellung) against the rejection of its request for suspensive effect of its appeal. The court held that an objection under Rule 9.1 of the Rules of Procedure, which merely contests the reasoning of the rejecting order, is inadmissible, as Rule 9.1 governs procedural management measures and does not permit the alteration of final procedural orders.
Hybridgenerator ApS v.HGSystem ApS, HGSystem Holding ApS, Infotech Concept ApS, Infotech Holding ApS
The Court of Appeal of the Unified Patent Court set aside a portion of an order by the Copenhagen Local Division concerning the imposition of periodic penalty payments, ruling that such a decision under R. 354.4 RoP must be made by a panel rather than a single judge. The case was referred back to the Local Division for adjudication as a panel on Hybridgenerator's request that periodic penalty payments be imposed on the Respondents for alleged non-compliance with an evidence preservation order.
Belkin Limited, Belkin International, Inc., Belkin GmbH v.Koninklijke Philips N.V.
This is an appeal and cross-appeal before the Court of Appeal of the Unified Patent Court concerning a coercive fine (Zwangsgeld) imposed on Belkin for non-compliance with an information order related to the infringement of Philips' European Patent EP 2 867 997. The Court of Appeal reduced the coercive fine from €46,000 to €42,000, ordered a partial refund, and adjusted the cost allocation between the parties, while rejecting the further-reaching claims of both sides.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO FUTURIT Verkehrssignalsysteme GmbH (STRABAG Infrastructure & Safety Solutions GmbH)
This order concerns an application by Chainzone Technology (Foshan) Co., Ltd., as intervener supporting defendant STRABAG, for suspensive effect of its appeal against a decision of the Local Chamber Vienna. The Court of Appeal of the Unified Patent Court rejected the application, finding that Chainzone failed to demonstrate that the first-instance decision was manifestly incorrect or that fundamental procedural rights were violated. The substantive issues regarding patent claim interpretation and infringement will be addressed in the appeal proceedings.
Knaus Tabbert AG v.Yellow Sphere Innovations GmbH and Erwin Härtwich
This is a decision by the Court of Appeal of the Unified Patent Court concerning Knaus Tabbert AG's application for suspensive effect of its appeal against a first-instance decision of the Local Chamber Düsseldorf. The first-instance court had found that Knaus Tabbert infringed European Patent EP 3 356 109 (relating to a vehicle frame with foam resin structural parts) and ordered injunctive relief, recall, destruction, and provisional damages. The Court of Appeal rejected all of Knaus Tabbert's requests, holding that ordering security for enforcement is discretionary and that facts requiring such security must be raised at first instance.
Hisense Gorenje Germany GmbH, Hisense Europe Holding GmbH, TCL Deutschland GmbH & Co. KG, TCL Deutschland Verwaltungs GmbH, TCL Operations Polska Sp. z.o.o, TCL Belgium SA, LG Electronics Deutschland GmbH, LG Electronics European Shared Service Center B.V, LG Electronics European Holding B.V. 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
Ballinno B.V., proprietor of EP 1 944 067 relating to a method and system for detecting offside situations, sought provisional measures against Kinexon companies and UEFA before the Hamburg Local Division in connection with the Connected Ball Technology used at UEFA EURO 2024. After the Local Division dismissed its application for lack of urgency and insufficient proof of infringement, and ordered Ballinno to provide security for costs, Ballinno appealed but withdrew its request for a provisional injunction because the tournament had already taken place. The Court of Appeal held the appeal on security for costs admissible and set out principles for costs allocation, indicating that a party who builds its case on a single event and withdraws after the event passes must generally bear the costs as the unsuccessful party.
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