Patricia Rombach
101 IP cases indexed. Covers patent matters.
Cases Presided Over
101 cases indexed | Page 4 of 4
Daedalus Prime LLC v.Xiaomi Communications Co., Ltd.
This UPC Court of Appeal decision addressed a procedural request for an extension of time to lodge grounds of appeal in the main infringement proceedings (UPC_CFI_169/2024). Daedalus Prime LLC sought additional time, arguing the complexity of the legal issues and potential precedent implications. The Panel ultimately denied this request, reinforcing the principle that parties must present thorough arguments proactively rather than relying on procedural delays to gather external opinions.
AIM Sport Development AG v.Supponor Italia SRL, Supponor SASU, Supponor España SL, Supponor Oy, Supponor Limited
This UPC Court of Appeal decision addresses a critical procedural issue regarding the time limit for lodging an appeal against an order from the Court of First Instance (CFI). The appellant, AIM Sport Development AG, argued that the CFI's own 'Information about appeal' stated a two-month deadline, even though the strict rule (R.224.1(b) RoP) mandated only 15 days for certain orders. Applying the principle of legitimate expectations, the Court of Appeal sided with AIM, finding the appeal admissible. This ruling highlights the importance of procedural fairness and how courts must interpret rules when CFI guidance creates a reasonable expectation.
Curio Bioscience Inc. v.10x Genomics, Inc.
In a procedural ruling concerning EP 2 697 391, the UPC Court of Appeal granted Curio Bioscience's request to change the court language from German to English. The decision emphasized that fairness is paramount when considering such changes, particularly weighing the position of the defendant (10x Genomics). This case highlights the practical application of procedural flexibility within the UPC framework, allowing parties to adjust proceedings based on linguistic and operational needs.
Curio Bioscience Inc. v.10x Genomics, Inc.
This UPC appeal case addressed the scope and continuation of confidentiality protections for sensitive business information. Curio Bioscience sought to restrict access to specific documents during appellate proceedings, but the UPC Board of Appeal found that a prior order from the Court of First Instance already covered these materials. The ruling emphasizes the continuity of protective measures under the UPC framework, preventing parties from seeking redundant relief.
Netgear Inc. v.Huawei Technologies Co. Ltd
This UPC appeal addressed a procedural dispute concerning the deadline for a defendant to respond when a claimant expands their lawsuit by adding a new patent. The court emphasized the fundamental principle of due process, holding that defendants must receive equivalent defense opportunities as if a completely new claim had been filed. By overturning the lower court's determination of the start date, the UPC ensured procedural fairness and set a clear, extended deadline for the defendant.
Netgear Inc. v.Huawei Technologies Co. Ltd
This UPC appellate decision addresses a critical procedural issue concerning claim expansion in ongoing infringement litigation. Netgear challenged the lower court's determination of the response deadline for Huawei after EP 3678321 was added to the case. The Appellate Court affirmed the principle that defendants must receive full defense rights, but corrected the start date of the period, ensuring procedural fairness and clarity. This ruling provides important guidance on how courts must manage deadlines when expanding patent claims mid-litigation.
Netgear Inc. v.Huawei Technologies Co. Ltd
This UPC decision addresses a procedural motion filed by Netgear seeking to accelerate the appellate proceedings against Huawei. Netgear argued that strict deadlines would prevent them from presenting their defense in time, given the urgency of the underlying case. However, the Board of Appeal rejected this request, emphasizing the importance of maintaining an orderly and fair procedure for all parties involved. The ruling serves as a reminder that procedural fairness often outweighs claims of urgent necessity in UPC litigation.
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Huawei Technologies Co. Ltd
This UPC decision concerns an application for acceleration of appeal proceedings filed by Netgear against a ruling that allowed the expansion of claims in the main infringement case. The Board of Appeal ultimately denied the request, emphasizing procedural fairness and proportionality. The court determined that granting the accelerated timeline would prejudice Huawei's right to prepare a proper defense response within the established legal framework.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Panasonic Holdings Corporation
In a procedural matter concerning the expedition of an appeal, the UPC Court of Appeal denied the request made by Guangdong OPPO Mobile Telecommunications Corp. Ltd. The core issue was whether to shorten the time period for the Respondent's Statement of response. The court emphasized principles of proportionality and due process, concluding that granting the expedited timeline would prejudice the Respondent's right to adequate preparation time. This decision highlights the Court's commitment to procedural fairness over merely accommodating a party's urgency.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Panasonic Holdings Corporation
In a procedural matter concerning the expedition of an appeal, the UPC Court of Appeal rejected the request made by Guangdong OPPO Mobile Telecommunications Corp. Ltd. The core issue was whether to shorten the time period for Panasonic Holdings Corporation's Statement of response. The court ruled that due process and proportionality required giving the Respondent adequate time to prepare its defense, even if it meant delaying the proceedings.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Panasonic Holdings Corporation
In a procedural ruling, the UPC Court of Appeal rejected an application by OPPO and OROPE to shorten the time period for the Respondent, Panasonic Holdings Corporation, to file its Statement of response. The court emphasized that while expediency is desired, procedural fairness and proportionality must be maintained. This decision highlights the court's commitment to due process, even when it means delaying a party's preferred timeline.
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