rapporteur Maximilian Haedicke
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Kinexon Sports & Media GmbH v.Ballinno B.V.
This procedural order concerns an application by Claimant Kinexon Sports & Media GmbH to restrict Defendant Ballinno B.V.'s access to certain information in a cost decision application filed in underlying revocation proceedings concerning EP 1 944 067 B1. The Court denied the application under R. 262A RoP, finding Claimant's arguments too general and the proposed access restriction unduly burdensome, but granted an implied request under R. 262.2 RoP, preventing Defendant and its UPC representatives from disclosing the cost-related information to third parties.
Neo Wireless GmbH & Co. KG v.Toyota Motor Europe NV/SA
The Court of Appeal of the Unified Patent Court upheld a decision that an opt-out from UPC jurisdiction was invalid because it was not lodged by all proprietors of all national parts of the European patent. Neo Wireless GmbH & Co. KG (Neo) had argued that the opt-out filed by Neo Wireless LLC (USA) for European patent EP 3876490 was valid, but the Court ruled that Article 83(3) UPCA requires all proprietors of all national parts to lodge the opt-out application. The appeal was rejected, and the revocation action brought by Toyota Motor Europe was allowed to proceed before the UPC.
Neo Wireless GmbH Co. KG v.Ex Parte
Procedural Order
Neo Wireless GmbH & Co KG v.Toyota Motor Europe NV/SA
The Court of Appeal of the Unified Patent Court rejected Toyota's request for a decision by default against Neo Wireless's appeal of an order rejecting Neo's preliminary objection to the UPC's jurisdiction. The court held that Neo had timely corrected formal deficiencies and that the 15-day deadline for filing a statement of appeal under R.224.1(b) RoP runs from the date of service of the decision granting leave to appeal, not from the date of the impugned order.
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