Rian Kalden
11 IP cases indexed. Covers patent matters.
Cases Presided Over
11 cases indexed | Page 1 of 1
Samsung Bioepis NL B.V. v.Alexion Pharmaceuticals, Inc.
This case concerns Samsung Bioepis NL B.V.'s withdrawal of its applications for leave to appeal cost decisions issued by the Hamburg Local Division in proceedings involving EP 3 167 888. Alexion's provisional measures applications had been dismissed with costs orders against it, and Samsung's subsequent cost decision applications were found only partially justified. With Alexion's consent and both parties waiving costs, the Court of Appeal permitted the withdrawal and closed the proceedings.
Angelalign Technology Inc., Angelalign France Technology SASU, Europe Angelalign Technology B.V., Angelalign Technology (Germany) GmbH, Italy Angelalign Technology S.R.L., Shanghai EA Medical Instruments Co., Ltd. v.Align Technology, Inc.
Angelalign sought discretionary review (R. 220.3 RoP) of a procedural order issued by the Local Division Düsseldorf in provisional measures proceedings concerning EP 4 346 690, which had disregarded certain non-infringement arguments and exhibits from Angelalign's Rejoinder. The Court of Appeal, sitting as a standing judge, dismissed the request, finding that Angelalign had failed to substantiate why the impugned order was manifestly erroneous and that allowing the request would disrupt the scheduled first-instance oral hearing.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
The Court of Appeal addressed whether to admit the withdrawal of an appeal by the defendant-appellant Strabag following an out-of-court settlement with the plaintiff Swarco, and whether the separate appeal filed by the intervener Chainzone (which supported Strabag) became moot as a result. The Court held that the withdrawal of Strabag's appeal was admissible and that Chainzone's appeal became moot under Rule 360 RoP, because the intervener cannot maintain an independent position contradicting the supported party. The Court further ruled that Chainzone should generally be treated like Strabag regarding costs.
Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbH v.Fujifilm Corporation
The Court of Appeal of the Unified Patent Court dismissed Kodak's applications under R. 262A RoP requesting a confidentiality regime for the appeal proceedings as superfluous. The court held that the existing confidentiality orders issued by the Mannheim Local Division already extended to the appeal proceedings, and that the requirements of the Court's electronic case management system do not override the Rules of Procedure and the Court's case law.
STRABAG Infrastructure & Safety Solutions GmbH v.Respondent
This is an order of the Court of Appeal concerning an application for confidentiality in a patent infringement dispute over EP 2 643 717. The Court of Appeal addressed whether Chainzone, as intervener supporting Strabag, could obtain restrictions on the use and disclosure of Fraunhofer measurement reports that had already been submitted to the Court of First Instance without any prior confidentiality request. The Court held that an application under R. 262A RoP restricting access to or use of information and evidence must be made at the time of filing the document, and a first-time request in appeal proceedings regarding evidence already submitted at first instance is inadmissible.
Network System Technologies LLC v.Respondent
This case concerns an application by Network System Technologies LLC (NTS) for the release of security deposits following the withdrawal of patent infringement actions against AUDI AG. The Court of Appeal had previously ordered NST to provide security for costs totaling EUR 500,000 across three proceedings. After NTS withdrew the infringement actions and the Munich Local Division closed the proceedings, the Court of Appeal ordered the full release and return of the deposited security amounts.
Magna International France, SARL, Magna PT B.V. & Co. KG, Magna PT s.r.o. v.Valeo Electrification
1 ORDER of the Court of Appeal of the Unified Patent Court issued on 14 November 2024 concerning an application for suspensive effect (R.223.4 RoP) APPLICANTS AND DEFENDANTS IN THE MAIN PROCEEDINGS BEFORE THE CFI 1. Magna PT B.V. & Co. KG, Untergruppenbach, Germany 2. Magna PT s.r.o.
Xiaomi Technology Italy S.R.L., Xiaomi Technology Germany GmbH, Shamrock Mobile GmbH, Xiaomi Technology Netherlands B.V., Odiporo GmbH, Xiaomi Technology France S.A.S. v.Panasonic Holdings Corporation
This order concerns an application for discretionary review by the Court of Appeal under Rule 220.3 of the Rules of Procedure. The dispute involves three infringement proceedings between Xiaomi entities (as defendants) and Panasonic Holdings Corporation (as plaintiff) concerning European Patents EP 3096315, EP 2568724, and EP 2207270 before the Local Division Mannheim. The contested issue relates to the expiration and extension of deadlines under Rule 29(d) RoP for the plaintiff's reply to the counterclaim for revocation, rejoinder to the reply to the statement of defense, and response to a request to amend the patent, particularly in light of the plaintiff's submission of a partially redacted reply and subsequent confidentiality requests regarding third-party license agreements.
AUDI AG v.Respondent
This is an appeal order from the Court of Appeal of the Unified Patent Court concerning Audi AG's request to be allowed to lodge additional written pleadings in appeal proceedings. Audi had appealed a Court of First Instance decision denying its application for security for costs against Network System Technologies LLC (NST). After NST filed its Statement of response, Audi sought permission to file additional pleadings to correct certain facts submitted by NST regarding its market behavior. The Court of Appeal allowed the request, finding Rules 35 and 36 RoP applicable mutatis mutandis in appeal proceedings and that Audi's request was sufficiently reasoned.
Volkswagen AG v.Respondent
This is an order from the Court of Appeal of the Unified Patent Court concerning Volkswagen AG's request to be allowed to lodge additional written pleadings in appeal proceedings. The underlying dispute involves Volkswagen's appeal of a Court of First Instance decision denying its application for security for costs against Network System Technologies LLC (NST) in patent infringement proceedings concerning EP 1 552 399. The Court of Appeal allowed Volkswagen's request to file an additional statement to correct facts submitted by NST, and granted NST 14 days to respond.
Odiporo GmbH, Xiaomi Technology Netherlands B.V., Xiaomi Technology Germany GmbH, Xiaomi Technology France S.A.S., Xiaomi Technology Italy S.R.L., Shamrock Mobile GmbH v.Respondent
This order from the Court of Appeal clarifies the date of service of the appeal documents in proceedings between Panasonic Holdings Corporation and several Xiaomi entities regarding EP 3 611 989. Xiaomi requested confirmation that service of the appeal occurred on April 3, 2024, with the response deadline expiring on April 18, 2024, or alternatively an extension of the response deadline. The order addresses the application of Rules 270 to 279 of the Rules of Procedure regarding service in appeal proceedings.
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