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. and Danieli Automation S.p.A.
Primetals Technologies Austria GmbH (PTA), proprietor of European Patent EP 2624977 relating to a driver for a steel strip coiling installation, filed an ex parte application before the Local Division in Milan of the Unified Patent Court seeking an order to preserve evidence and inspect the premises of Danieli & C. S.p.A. and Danieli Automation S.p.A. PTA alleged that a driver manufactured by the Danieli group and installed at Nucor Steel Gallatin in Kentucky, US, infringed claims of EP977. The Court granted the order, authorizing inspection of the defendants' premises, seizure of relevant documentation, and appointment of an expert, subject to a security deposit of 25,000 Euros.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based company, under Article 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's non-EU domicile could not serve as a basis for ordering security.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a UPC patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based SME. The Local Division Munich dismissed all three applications, finding that the defendants failed to provide concrete evidence of difficulties in enforcing a cost order in the US or of NST's insolvency, and that NST's patent portfolio constituted seizable intangible assets.
Volkswagen AG and Audi AG and Texas Instruments Incorporated and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a UPC patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based SME. The Local Division Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties in the US or of NST's insolvency, and that NST's patent portfolio constituted seizable intangible assets.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen, Audi, and Texas Instruments entities) sought security for legal costs from the plaintiff, Network System Technologies LLC (NST), a US-based SME, under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed all three applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's patent portfolio constituted seizable intangible assets.
Volkswagen AG and Audi AG and Texas Instruments Incorporated and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based company, under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's patent portfolio acquired from Philips constituted valuable assets that could satisfy any cost order.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for an order requiring the plaintiff, Network System Technologies LLC (NST), to provide security for legal costs under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's non-EU domicile could not serve as a basis for requiring security.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for an order requiring the plaintiff, Network System Technologies LLC (NST), to provide security for legal costs under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed all three applications, finding that the defendants had failed to provide concrete evidence of difficulties in enforcing a cost order against NST in the United States, and that NST's patent portfolio acquired from Philips constituted seizable intangible assets.
Volkswagen AG and Others v.Network System Technologies LLC
Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH (Defendants in the main infringement action) applied for security for legal costs against Network System Technologies LLC (NST), the Plaintiff, under Article 69.4 UPCA and Rule 158 RoP. The Defendants argued that NST, a US-based SME with no physical assets, posed an enforcement risk for any future cost order. The Local Division Munich dismissed all three applications, finding that the Defendants had failed to provide concrete evidence of enforcement difficulties in the US or of NST's insolvency risk, and that ordering security would unduly interfere with NST's right to effective remedy as an SME.
Volkswagen AG and Audi AG and Texas Instruments Incorporated and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff Network System Technologies LLC (NST) under Art. 69.4 UPCA and Rule 158 RoP in a patent infringement action concerning EP 1 552 669 B1. The Local Division in Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of difficulties in enforcing a cost order in the United States or of NST's insolvency, and that NST's patent portfolio acquired from Philips constituted seizable intangible assets.
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