rapporteur Camille Lignieres
13 IP cases indexed. Covers patent matters.
Cases Presided Over
13 cases indexed | Page 1 of 1
KEEEX SAS v.ADOBE SYSTEMS SOFTWARE IRELAND LIMITED, ADOBE INC., OPEN AI L.P, OPEN AI OPCO LLC, OPEN AI IRELAND LTD, TRUEPIC INC., JOINT DEVELOPMENT FOUNDATION PROJECTS LLC, COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY (C2PA)
This procedural order in the UPC case involving KEEEX SAS against major tech players like Adobe and OpenAI addresses critical timing issues. The court aligned all defendants' deadlines to ensure fair administration of justice, recognizing the complexity and high stakes of the infringement action. Furthermore, it granted an exceptional four-week extension for filing defenses, allowing parties adequate time to address the extensive claims and technical details.
TIRU v.MAGUIN SAS
This UPC decision addresses procedural matters in a complex patent dispute involving TIRU and MAGUIN regarding the waste incineration process EP3178578. The Panel successfully ordered the joinder of two parallel infringement actions concerning the same furnace product to streamline proceedings. Crucially, while referring revocation counterclaims to the Central Division, the court decided not to grant a stay on the main infringement case, allowing it to proceed under specific conditions.
TIRU v.VALINEA ENERGIE
This procedural order addressed complex issues arising from parallel litigation involving infringement and revocation of EP3178578. The UPC Local Division decided to join two related infringement actions (TIRU v. VALINEA ENERGIE and TIRU v. MAGUIN) for efficient case management, citing the principle of good administration of justice. Crucially, while counterclaims seeking patent revocation were correctly referred to the Central Division, the court denied the request to stay the ongoing infringement proceedings.
N.J DIFFUSION SARL v.GISELA MAYER GmbH
This procedural order in the Paris Local Division addressed Gisela Mayer's request for N.J Diffusion to provide a €50,000 guarantee due to N.J Diffusion's insolvency proceedings. The Panel ultimately dismissed this guarantee request, citing French collective procedure law which prioritizes the principle of equality among creditors. Crucially, the underlying infringement action was confirmed to continue despite the debtor's financial difficulties.
TIRU v.MAGUIN SAS
This UPC decision addressed a challenge to ex parte evidence preservation orders granted by the Paris Local Division. TIRU sought seizure and site inspections against MAGUIN regarding alleged infringement of its waste incineration patent (EP3178578). MAGUIN challenged these measures, arguing lack of urgency and bad faith on TIRU's part. The court ultimately rejected MAGUIN’s request, affirming that the initial urgent measures were justified given the competitive market environment.
TIRU v.VALINEA ENERGIE
This UPC decision addressed a challenge by VALINEA ENERGIE against an ex-parte evidence preservation order granted to TIRU regarding the patent EP3178578. VALINEA argued that TIRU breached its duty of loyalty and that the request was untimely, suggesting prior knowledge of the patented technology. The Court rejected these arguments, affirming that TIRU's urgency justified the initial ex-parte measure. Furthermore, the court denied VALINEA's attempt to increase the required security deposit.
LAMA FRANCE v.HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P
This UPC decision addressed procedural requests following a substantive judgment, specifically concerning the stay of execution and confidentiality during information exchange. The court firmly rejected LAMA France's request to suspend the enforcement of the prior decision, citing lack of jurisdiction under current rules. However, it validated the need for a restricted confidential circle (club de confidentialité) to protect trade secrets related to financial data exchanged between the parties.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.LAMA FRANCE
This UPC decision addressed a complex infringement and nullity action concerning compatible printer cartridges. The court affirmed the scope of direct infringement under Article 25 AJUB, ruling that prior knowledge by the defendant is not a prerequisite for establishing infringement. While the claimant sought broad remedies including injunctions and damages, the final judgment focused on compelling information disclosure to facilitate damage calculation, while rejecting provisional payment requests.
Hewlett-Packard Development Company, L.P v.Lama France
This procedural order addressed a request by Hewlett-Packard Development Company (HPDC) to call a witness in its infringement action against Lama France. While the court granted the request for the witness to testify orally in English, it rejected Lama's plea for simultaneous interpretation between French and English. The ruling emphasizes the practical application of UPC rules regarding language proficiency and procedural economy.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.LAMA FRANCE
This procedural order in the HPDC v LAMA infringement case addressed disputes over the scope of evidence and arguments presented by both parties. The court strictly applied the Rules of Procedure, limiting what could be debated based on previous submissions. This ruling emphasizes the importance of adhering to the structured phases of written proceedings within the UPC.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.LAMA FRANCE
In a procedural ruling, the UPC granted Hewlett-Packard's request for information disclosure against Lama France. HP sought details on third parties and import invoices related to alleged infringing cartridges. The court found that such requests are admissible throughout the litigation process if necessary for instruction. This decision allows HP to gather crucial evidence regarding the supply chain without immediately establishing infringement, setting a precedent for discovery-like procedures in UPC cases.
Seoul Viosys Co., Ltd v.Laser Components SAS
This procedural order in the Paris Local Division addressed a request by Laser Components SAS to extend its deadline for filing its defense statement. The court rejected this request, finding that the defendant could not rely on technical difficulties or the ongoing intervention of a third party (Photon Wave Co.,Ltd.) as grounds for delay. The ruling reinforces the UPC's strict adherence to procedural deadlines and the principle of judicial efficiency.
Seoul Viosys Co., Ltd v.Laser Components SAS
In a procedural ruling, the Paris Local Division addressed a request by Laser Components SAS to change the language of proceedings from French to English. Although the patent in question (EP3404726) was granted in English, the Court found that there were insufficient grounds based on convenience or equity to mandate this change. The decision reinforces the procedural flexibility and the importance of respecting the initial filing choice made by parties in UPC litigation.
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