Patricia Rombach
101 IP cases indexed. Covers patent matters.
Cases Presided Over
101 cases indexed | Page 2 of 4
STADAPHARM GmbH v.ACCORD HEALTHCARE S.L.U., ACCORD HEALTHCARE LIMITED, Novartis AG, ACCORD HEALTHCARE B.V.
This UPC Court of Appeal decision addresses the scope of public access to court documents, specifically written pleadings and evidence. Stadapharm appealed a lower court's denial of access to documents from a withdrawn main infringement proceeding. The Court ultimately granted access, emphasizing that once proceedings are concluded and parties consent or do not object, the general interest in public access prevails. This ruling provides clarity on how confidentiality concerns must be balanced against transparency requirements within the UPC framework.
AIM Sport Development AG v.TGI Sport Suomi Oy, TGI Sport Virtual Limited, Supponor SASU, TGI Sport Italia S.r.l., Supponor España SL (jointly referred to as TGI)
This UPC Court of Appeal decision addresses procedural motions concerning the amendment of claims and the addition of a defendant in an infringement action. The court upheld the Local Division's decision to allow AIM Sport Development AG to amend its claim and add TGI UK as a party, despite objections from the defendants (TGI). The ruling emphasizes the balance between claimant's needs for comprehensive relief and procedural efficiency, confirming that such amendments are permissible if they do not unduly hinder the defense.
Ericsson GmbH v.Motorola Mobility LLC
This UPC Court of Appeal decision concerns the procedural withdrawal of a counterclaim for patent revocation filed by Ericsson against Motorola. Following an initial infringement action, Ericsson sought to withdraw its revocation claim and associated appeal after both parties agreed that there was no legitimate interest in the court proceeding. The Court granted the withdrawal based on the respondent's consent, effectively closing the case.
Sodastream Industries Ltd. v.Aarke AB
This UPC Court of Appeal order concerns the withdrawal of an appeal filed by Aarke AB against a finding of infringement made by the CFI. The court permitted the withdrawal because the claimant, Sodastream Industries Ltd., did not object to the request. While Aarke was deemed the unsuccessful party and liable for costs, the proceedings were closed upon the successful withdrawal.
Abbott Diabetes Care Inc. v.Sibio Technology Limited; Umedwings Netherlands B.V.
In a significant ruling concerning provisional measures, the UPC Court of Appeal sided with Abbott Diabetes Care Inc., granting an injunction against Sibio Technology Limited and Umedwings Netherlands B.V. The court set aside the initial CFI decision which had found potential added matter in the patent claims. This case highlights the high bar for obtaining preliminary relief while also providing clarity on how general injunctions can be justified based on a single type of infringement, making it crucial reading for medical device IP practitioners.
SharkNinja Europe Limited v.Dyson Technology Limited
This UPC appellate decision addressed procedural issues concerning cost determination following a provisional measures case. The court ruled that deadlines for filing costs claims are tied to substantive decisions, not interim orders. Crucially, it affirmed that the principle allowing successful parties to claim legal costs (EPC Art. 69) applies even when no full infringement or validity proceedings have been initiated, provided the initial action was unsuccessful.
Fives ECL, SAS v.REEL GmbH
This UPC Court of Appeal decision addresses a critical jurisdictional question: whether the Unified Patent Court can hear an independent claim for damages following a successful national infringement judgment. The court affirmed that since the damage claim is rooted in patent infringement, it falls under the scope of Article 32(1)(a) EPC. This ruling provides significant clarity and predictability for patentees seeking to enforce their rights across the UPC system.
Valeo Electrification v.Magna PT B.V. & Co. KG; Magna PT s.r.o.; Magna International France, SARL (collectively 'Magna')
In this UPC Court of Appeal decision, Valeo Electrification successfully withdrew its infringement action against Magna. The withdrawal was permitted because the main proceedings were still subject to a pending appeal and Magna provided explicit consent for the case to be closed. This ruling highlights the procedural flexibility within the UPC framework when parties mutually agree to terminate litigation before a final judgment is rendered.
Valeo Electrification v.Magna International France, SARL (and associated entities)
In a procedural ruling, the UPC Court of Appeal permitted Valeo Electrification to withdraw its infringement action against Magna. The withdrawal was facilitated by Magna's explicit consent and the absence of a final judgment in the underlying main proceedings due to an ongoing appeal. This decision highlights how parties can resolve complex litigation early through mutual agreement, even when provisional measures were previously granted.
Insulet Corporation v.A. Menarini Diagnostics s.r.l
This UPC Court of Appeal decision addressed a procedural request by Menarini to re-establish confidentiality protections for technical information during the appeal phase. The court found that these requests were redundant because the original CFI order already mandated continuous protection and restricted access to specific parties. While the formal R. 262A RoP requests were dismissed, the Court confirmed that the existing restrictions on accessing confidential documents would remain in force.
Magna International France, SARL, Magna PT s.r.o., Magna PT B.V. & Co. KG v.Valeo Electrification
This appeal before the UPC Court of Appeal concerned an application for suspensive effect regarding a preliminary injunction issued by the CFI against Magna. The core dispute centered on whether a specific BMW model, the 2 Series Gran Coupé, was correctly exempted from the injunction's scope. The Court of Appeal sided with Magna, finding that the exclusion was arbitrary and disproportionate given the evidence of production plans for this vehicle. Consequently, the court suspended the effect of the injunction specifically for the 2 Series Gran Coupé model.
SharkNinja Europe Limited v.Dyson Technology Limited
In a significant decision regarding provisional measures, the UPC Court of Appeal rejected Dyson's request for an injunction against SharkNinja concerning EP 2 043 492. The court found that the probability of infringement was not overwhelmingly high, particularly regarding the cyclonic separating apparatus feature (1.3). This ruling underscores the high evidentiary threshold required to obtain provisional relief in UPC proceedings.
Aarke AB v.SodaStream Industries Ltd.
This UPC Court of Appeal decision clarifies the strict criteria for granting security for costs under R.158 RoP, particularly when enforcement involves foreign jurisdictions like Israel. The court emphasized that a claimant's status as an SME or the defendant's affiliation with a financially sound group is irrelevant; only the defendant's individual financial capacity and the practical enforceability of a cost order matter. Aarke's appeal was rejected because it failed to provide sufficient evidence demonstrating that enforcement in Israel would be unduly burdensome.
Appellant v.Amycel LLC
This UPC Court of Appeal decision addressed an appeal challenging a provisional measures order, but ultimately focused on procedural compliance regarding court fees. The Appellant failed to pay the required remainder and penalty fees after being ordered to provide evidence of his small enterprise status. Consequently, the Court issued a decision by default against the Appellant, dismissing the appeal. This case highlights the strict adherence UPC courts maintain to procedural deadlines and financial obligations.
AIM Sport Development AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
This UPC Court of Appeal decision clarifies a critical point regarding the transitional regime: whether prior national court proceedings can block an effective withdrawal of an opt-out. The Court held that Art. 83(4) UPCA only restricts actions brought during the transitional period, meaning pre-transitional litigation does not invalidate a subsequent opt-out withdrawal. This ruling provides significant clarity and relief for patent holders seeking to utilize the UPC system after initially opting out.
AIM Sport Development AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
This UPC Court of Appeal decision clarifies a critical point regarding the transitional regime: whether prior national court proceedings can block an opt-out withdrawal. The Court held that only actions brought during the transitional period count against the ability to withdraw, thereby validating AIM's attempt to re-enter the UPC system for its patent. This ruling significantly eases the burden on patentees seeking to utilize the UPC after having previously engaged with national courts.
SharkNinja Europe Limited v.Dyson Technology Limited
This UPC Appeal Board decision addressed a motion to admit new evidence in an ongoing infringement case involving SharkNinja and Dyson regarding EP 2 043 492. SharkNinja sought to introduce documents from a US patent litigation, arguing that the opposing party's interpretation of key features was crucial for determining novelty and inventive step. The Appeal Board ultimately denied this request, emphasizing that evidence from other proceedings must meet strict relevance criteria and cannot simply contradict arguments made in the current case.
EOFlow Co., Ltd. v.Insulet Corporation
This UPC Court of Appeal decision addressed a procedural request for expedition rather than the merits of the underlying infringement case. EOFlow sought to accelerate the appeal process to facilitate the joinder of parallel actions before oral hearings. However, the court rejected this request, finding that EOFlow's delay in filing its statement of grounds prejudiced the respondent, Insulet. The ruling underscores the UPC's commitment to procedural fairness and proportionality when managing timelines.
Dyson Technology Limited v.SharkNinja Europe Limited; SharkNinja Germany GmbH
This UPC appeal case centered on procedural disputes regarding the scope of arguments and the admissibility of new evidence in a patent infringement/validity matter concerning vacuum cleaner technology. Dyson sought to have certain grounds for invalidity disregarded by the Board of Appeal, while SharkNinja attempted to introduce late-filed US documents (FBD 27 and FBD 28) as supporting evidence. The Board ultimately rejected Dyson's procedural request but dismissed SharkNinja's attempts to introduce new material, emphasizing strict adherence to established appeal procedures.
Network System Technologies LLC. v.Audi AG
This UPC Court of Appeal decision addresses a procedural point regarding the notification of default judgment risks. The court clarified that when ordering a party to provide security for costs, the warning about potential default proceedings (under R.355 RoP) does not need to be embedded in the main operative text of the order. Instead, it can be communicated through a separate judicial order. This ruling provides clarity on procedural requirements within UPC actions, particularly concerning cost security and its implications for case progression.
Network System Technologies LLC. v.Volkswagen AG
This UPC Court of Appeal decision addresses a procedural point concerning the notification requirements under Rule R.158.4 RoP regarding security for costs. The court clarified that even if an initial order specifies a deadline for providing security, the warning about potential default judgment (under R.355 RoP) does not need to be embedded within that original operative text. Instead, a separate notification order is sufficient to ensure procedural fairness and compliance.
Mammut Sports Group AG v.Ortovox Sportartikel GmbH
This UPC appeal decision addressed procedural matters related to an infringement case involving Mammut and Ortovox concerning a snow avalanche transceiver (LVS) device protected by EP 3 466 498. The court focused heavily on the scope of appeals regarding interim measures, clarifying that arguments must be clearly presented in the initial filing. Ultimately, the appeal was dismissed, confirming the lower court's decision, but Mammut was ordered to cover additional provisional costs incurred by Ortovox during the appellate process.
Mammut Sports Group AG v.Ortovox Sportartikel GmbH
This UPC appeal decision addressed procedural matters within a patent infringement case involving Mammut and Ortovox regarding an LVS device (EP 3 466 498). The court focused heavily on the scope of appeals concerning interim measures, clarifying that arguments must be clearly presented in the initial filing. While the core dispute was about patent validity/infringement, the ruling ultimately dismissed Mammut's appeal and ordered them to cover additional provisional costs.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This UPC appellate decision addresses a motion for the production of evidence (R.190 VerfO) in an SEP dispute concerning 4G mobile phone standards. OPPO and OROPE sought access to Panasonic's confidential licensing agreements to bolster their FRAND defense, arguing that transparency was necessary. The Court ultimately rejected these requests, stressing the principle of proportionality and the need to protect trade secrets, even when dealing with SEPs.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This UPC appellate decision addressed an application for the production of evidence (R.190 VerfO) during a complex SEP/FRAND dispute involving OPPO, OROPE, and Panasonic. The court rejected the request by the defendants to obtain extensive documentation from Panasonic regarding its licensing agreements with third parties. The ruling underscores the judicial balancing act required when assessing requests for confidential information in FRAND cases, prioritizing proportionality over broad disclosure.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This UPC Board of Appeal decision addresses an appeal concerning the disclosure of confidential license agreements during a SEP dispute involving Panasonic, OPPO, and OROPE. The core issue was whether the defendants could compel the production of extensive third-party licensing data to support their FRAND defense. The court ultimately rejected these requests, ruling that while transparency is important, the principle of proportionality and trade secret protection must be balanced against the current stage of the proceedings. This decision reinforces the judiciary's cautious approach to broad discovery in complex SEP litigation.
Ona Patents SL v.Google Commerce Limited, Google Ireland Limited
This UPC Court of Appeal decision addresses a procedural dispute regarding the language of proceedings in an infringement case. The appeal sought to change the language from German to English, based on the patent's grant language and the defendant's operational context. The court ultimately sided with the defendant (Google), establishing that while claimants have a right to choose the language, this right is balanced against the principle of fairness for the defendant. This ruling provides important guidance on how procedural rights interact with the need to ensure equitable litigation in the UPC.
Network System Technologies LLC v.Audi AG
This UPC Court of Appeal decision addresses preliminary objections and requests under Rule 361 RoP in a complex infringement case involving NST and Audi. The court established key procedural boundaries, ruling that R.361 challenges are not suitable for full evidentiary battles. Crucially, the panel affirmed that an initial claim detailing one infringing example while listing others does not automatically fail the 'manifestly bound to fail' test. This decision reinforces the flexibility of UPC procedure while maintaining standards for early case filtering.
Ona Patents SL v.Apple Retail Germany B.V. & Co. KG, Apple Distribution International Ltd., Apple GmbH, Apple Retail France EURL, Apple Inc.
This UPC Court of Appeal decision addresses a procedural dispute regarding the language of proceedings in an infringement case involving Apple and Ona Patents SL. The appeal sought to change the language from German (the patent's granting language) to English, based on the multinational nature of Apple and the technical field's common use of English. The court ultimately sided with Apple, finding that maintaining the German language would disproportionately disadvantage the defendant, thereby upholding the principle of fairness over the claimant's initial choice.
Network System Technologies LLC v.Volkswagen AG
This UPC Court of Appeal decision addresses preliminary objections and requests under R.361 RoP concerning infringement actions involving automotive technology patents. The court clarified that R.361 procedures are limited and not suitable for comprehensive factual disputes, emphasizing that detailed claims with lists of similar infringing embodiments do not automatically render an action 'manifestly bound to fail.' This ruling provides guidance on the scope of early procedural challenges in UPC litigation.
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