PROCEDURE On
10 IP cases indexed. Covers patent matters.
Cases Presided Over
10 cases indexed | Page 1 of 1
Primetals Technologies Austria GmbH v.Danieli & C. s.p.a.
Primetals Technologies Austria GmbH successfully obtained a provisional measure from the UPC Local Division in Milan, securing an order to preserve evidence and inspect premises of Danieli Group companies. The applicant sought this ex-parte order based on strong suspicion that the defendants' products infringed EP 2624977, which covers drivers for steel strip coiling installations. This decision is significant as it demonstrates the UPC's willingness to grant early investigative measures when a clear prima facie case of infringement and patent validity exists.
Volkswagen AG v.Network System Technologies LLC
In a decision concerning security for costs, the UPC Local Division in Munich rejected the request made by Network System Technologies LLC against Volkswagen AG and Texas Instruments. The court ruled that general concerns about enforcing judgments in the US were insufficient to warrant requiring security from the claimant. This ruling reinforces the principle of access to justice within the UPC, balancing IP protection with the right to a fair hearing.
Volkswagen AG v.Network System Technologies LLC
In a decision concerning security for legal costs, the UPC Local Division in Munich dismissed the application filed by Network System Technologies LLC (NST). NST argued that its limited financial resources and the complexities of enforcing judgments in the US made it an unsuitable party to bear the cost security. The court countered this by emphasizing the general enforceability of UPC decisions abroad and noting that NST failed to provide concrete evidence of insolvency or enforcement difficulties, ultimately upholding the claimant's right to access justice.
Volkswagen AG v.Network System Technologies LLC
In this procedural matter, the Court of First Instance examined requests by both parties for security for legal costs under Article 69.4 UPCA. The respondent (NST), a US-based company, argued that enforcement difficulties and its limited financial standing warranted the security. However, the court rejected these arguments, finding that general claims about US enforcement risks were unsubstantiated and that the claimant possessed sufficient assets to cover potential costs.
Volkswagen AG v.Network System Technologies LLC
In a decision concerning security for legal costs, the UPC Local Division in Munich rejected the request by Network System Technologies LLC (NST) to provide collateral against potential future cost orders. NST argued that its small size and US domicile made enforcement of judgments difficult. The Court countered this by stating that general concerns about foreign judgment enforcement were unfounded and found no evidence of NST's actual insolvency risk, thereby upholding the Claimant's right to access justice.
Volkswagen AG v.Network System Technologies LLC
This Munich Local Division decision addressed multiple requests for security for legal costs under Art. 69.4 UPCA, primarily filed by the US-based defendant Network System Technologies LLC (NST). The Court rejected NST's arguments that its limited financial resources and the complexities of enforcing judgments in the USA warranted a cost security order. The ruling emphasizes that general concerns about foreign enforcement are insufficient; applicants must provide concrete evidence of actual risk or difficulty to justify restricting access to justice.
Volkswagen AG v.Network System Technologies LLC
In a decision concerning security for legal costs, the UPC Local Division in Munich rejected the request made by Network System Technologies LLC against Volkswagen AG and Audi AG. The court held that general allegations regarding enforcement difficulties in the US were insufficient to justify requiring the claimant (NST) to provide security. This ruling reinforces the principle of access to justice within the UPC framework, particularly for SMEs.
Volkswagen AG v.Network System Technologies LLC
In this procedural matter, the Court of First Instance rejected requests from both Volkswagen/Audi and Texas Instruments for security for legal costs against Network System Technologies LLC. The court emphasized that general concerns about enforcing UPC judgments in the US are insufficient grounds to impose a cautio on claimants. This decision reinforces the principle that access to justice must be balanced against the need to protect IP rights, particularly for SMEs.
Volkswagen AG v.Network System Technologies LLC
In a decision concerning security for legal costs, the UPC Local Division in Munich rejected the request by Network System Technologies LLC (NST) to provide financial guarantees. NST argued that its limited assets and US domicile made cost enforcement difficult. The Court countered this by stating that general claims of unenforceability were insufficient, noting that foreign judgments are generally enforceable in the US. The ruling reinforces the principle that access to justice must be balanced against security requirements, especially for SMEs.
Volkswagen AG v.Network System Technologies LLC
This UPC decision addressed applications seeking security for legal costs, filed by the US-based defendant Network System Technologies LLC against Volkswagen AG and Audi AG. The Court rejected the request, emphasizing that while access to justice is crucial, the burden of proof rests on the applicant to demonstrate a genuine risk that cost reimbursement would be impossible or severely difficult. The ruling reinforces the principle that general concerns about foreign judgment enforcement are insufficient grounds for requiring security.
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