rapporteur Dr
9 IP cases indexed. Covers patent matters.
Cases Presided Over
9 cases indexed | Page 1 of 1
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v.HMD Global Oy
This procedural order addressed a dispute over the production of evidence in an alleged patent infringement case concerning MPEG-4/AAC standards. The Defendant sought access to historical licensing agreements, arguing they were necessary for assessing FRAND compliance and potential exhaustion of rights. Conversely, the Claimant resisted disclosure of its own current license agreement due to confidentiality obligations. The Court partially sided with both parties, rejecting the broad disclosure requests while compelling the submission of a specific, highly confidential contract.
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v.HMD Global Oy
This procedural order addressed a dispute over evidence disclosure in an ongoing patent infringement and FRAND assessment case concerning MPEG-4/AAC technology. The Defendant sought access to the Claimant's confidential licensing agreements with third parties to assess potential antitrust issues (FRAND compliance). The UPC Court partially granted the request, rejecting the production of external documents but compelling the Claimant to submit its own bilateral license agreement under stringent confidentiality protocols.
Malikie Innovations Ltd. v.Nintendo Co., Ltd. a.o.
This procedural order in UPC_CFI_555/2024 addresses a complex infringement and revocation action brought by Malikie Innovations Ltd. against Nintendo Co., Ltd. The court admitted numerous applications, including changes to the patent claims and new prior art documents (D10-D20). A key focus was balancing strict procedural rules regarding late inventive step attacks with pragmatic judicial management of the case, allowing for contested submissions while reserving final decisions on complex issues for the panel.
BFexaQC AG v.NVIDIA Corporation
In this procedural order, the UPC Local Division Munich addressed a request by NVIDIA Corporation for security for costs against BFexaQC AG and ParTec AG. Despite evidence presented regarding Claimant 2's severe liquidity issues, the Court ruled that security was necessary. The judge rapporteur set the required amount at EUR 80,500.00, emphasizing proportionality while safeguarding the Defendants' potential legal expenses.
Network System Technologies LLC v.Qualcomm Technologies, Inc., Qualcomm Incorporated, Qualcomm Germany GmbH
In this UPC case, Network System Technologies LLC sued Qualcomm for patent infringement concerning EP 1 552 669. The Defendants raised a preliminary objection arguing that an earlier opt-out remained valid and had not been properly withdrawn, thus stripping the UPC of jurisdiction. The Local Division Munich rejected this objection, establishing a clear precedent regarding the formal requirements for withdrawing an opt-out. The ruling confirms that proper registration and adherence to procedural rules are sufficient, even without explicit proof of a power of attorney from the proprietor.
Network System Technologies LLC v.Qualcomm Incorporated, Qualcomm Technologies, Inc., and Qualcomm Germany GmbH
In this UPC case, Network System Technologies LLC sued Qualcomm entities for patent infringement concerning EP 1 875 683. The Defendants raised a preliminary objection arguing that an earlier opt-out remained valid and thus the Court lacked jurisdiction. The Local Division Munich rejected this objection, establishing a clear precedent regarding the procedural effectiveness of opting out and withdrawing from the UPC system. The ruling confirms that formal requirements for withdrawal are sufficient, even without explicit proof of power of attorney by a registered UPC representative.
Network System Technologies LLC v.Qualcomm Incorporated, Qualcomm Technologies, Inc., Qualcomm Germany GmbH
In this UPC case, Network System Technologies LLC sued Qualcomm entities for patent infringement concerning EP 1 552 399. The Defendants raised a preliminary objection arguing that an opt-out had not been validly withdrawn, thereby limiting the Court's jurisdiction. The Local Division Munich rejected this objection, establishing a clear precedent regarding the formal requirements of opting out and withdrawing from the UPC system. This ruling confirms that proper registration and adherence to procedural rules are sufficient for withdrawal, even without explicit proof of representation authority.
Malikie Innovations Ltd. v.Nintendo of Europe SE, Nintendo Co., Ltd.
This UPC decision addressed a motion concerning the confidentiality of sensitive sales and profit data submitted by Nintendo. The Court ruled on balancing the fundamental right to be heard against the protection of trade secrets, ultimately upholding the general principle of confidentiality while granting limited access to specific Claimant personnel. This case reinforces the strict obligations parties have regarding handling confidential information, especially when it originates from third-party sources.
Netgear Inc. v.Huawei Technologies Co. Ltd
This UPC Court of Appeal decision addresses a complex procedural matter concerning the admissibility of discretionary review against an order issued by a Judge Rapporteur. Netgear sought to challenge the JR's refusal to refer a preliminary objection decision to the panel for review. The court ruled that the request was admissible, allowing the appeal to proceed against the JR's ruling on admissibility itself. This case clarifies the procedural pathways available under the UPC Rules when challenging initial case management decisions.
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