Rute Lopes
21 IP cases indexed. Covers patent matters.
Cases Presided Over
21 cases indexed | Page 1 of 1
Gowling WLG v.Boehringer Ingelheim International GmbH & Zentiva Portugal, Lda.
Gowling WLG, a firm of UPC representatives, sought access under Rule 262.1(b) RoP to written pleadings and evidence from preliminary injunction proceedings (UPC_CFI_41/2025) between Boehringer Ingelheim and Zentiva Portugal, in which a final order had been issued on 8 May 2025. While Boehringer did not object (subject to confidentiality redactions), Zentiva opposed the request, arguing the main action was still pending and that the request was overly broad. The Lisbon Local Division granted access to the specifically identified pleadings in their redacted versions but dismissed the request for access to the exhibits, finding the evidence request insufficiently substantiated.
Boehringer Ingelheim International GMBH v.Zentiva Portugal, Lda.
Boehringer Ingelheim filed a patent infringement action against Zentiva Portugal before the Lisbon Local Division of the Unified Patent Court concerning European Patent EP1830843 (relating to nintedanib for idiopathic pulmonary fibrosis), based on a threat of infringement following an INFARMED communication. Zentiva raised a preliminary objection arguing the UPC lacked jurisdiction because the dispute involved an administrative matter falling under Portuguese administrative courts. The Court rejected the preliminary objection, holding that the UPC has exclusive competence over European patent infringement actions and that the dispute between two private parties did not concern an administrative matter.
Raccords et Plastiques Nicoll v.First Plast France, First Plast S.R.L., First Corporation, Plasticos First Iberica S.L.
Raccords et Plastiques Nicoll (RPN), a French company specializing in plastic connection and drainage systems, sued four entities of the First group for infringement of European patent EP3272938 concerning its Connecto®invisible channel grid. RPN alleged that the defendants' Ghost channel grid covers and Pratiko channel gutters infringed claims 1, 5, 6, 7, 8, and 9 of the patent, both literally and by equivalence. The Local Division of Paris rejected all of RPN's infringement claims, finding that the alleged equivalent function did not arise from the patent's characteristics and was not easily deducible by a person skilled in the art, and ordered RPN to bear all costs and pay a provisional sum of 70,000 euros to the defendants.
Amycel LLC v.XXX
Amycel LLC, proprietor of European Patent EP 1 993 350 B2 relating to brown mushrooms for commercial production, brought an infringement action against a Polish defendant for selling a competing brown mushroom strain called 'Cayene'. The defendant failed to file a timely Statement of Defence, leading to a decision by default after a Rule 275 order. The Court confirmed the orders previously granted in provisional measures proceedings, finding that the mushroom strain was not excluded from patentability under Article 53(b) EPC and that infringement was established.
AX Wireless, LLC v.Xiaomi Inc., Xiaomi Corporation, Xiaomi Technology Germany GmbH, and Xiaomi Technology Netherlands B.V.
AX Wireless, LLC filed a patent infringement action against four Xiaomi entities before the Local Division Munich of the Unified Patent Court concerning European Patent No. EP3072324. The Defendants requested an extension and alignment of procedural deadlines for all four Defendants so that a consolidated defence could be filed, and the Claimant consented. The Court granted the request, aligning the deadlines for all Defendants.
Edwards Lifesciences Corporation v.Meril Lifesciences PVT Limited, Meril GmbH, SMIS International OÜ, and Sormedica UAB
Edwards Lifesciences Corporation filed an infringement action against Meril entities and related companies concerning European Patent EP 2 628 464 B1, which relates to the transcatheter heart valve prosthesis Myval™ THV. The defendants filed counterclaims for revocation, and the proceedings were stayed pending the Technical Boards of Appeal decision, which upheld the patent in amended form (EP 464 B2). The parties subsequently reached a settlement agreement, which the Court confirmed by decision, ordering partial reimbursement of court fees to both sides and keeping certain terms of the agreement confidential.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc. and Arvato Netherlands B.V.
This case concerns Ericsson's application for panel review of a decision by the Judge Rapporteur rejecting its request for an 'external eyes only' confidentiality regime to protect sensitive licensing information submitted in connection with a patent infringement action involving EP 2727242. The Milan Local Division Panel dismissed the application, finding that Ericsson failed to provide concrete factual evidence demonstrating an actual risk of antitrust violations from disclosure to a single Asustek employee. However, the Panel granted Ericsson leave to appeal in order to allow the Court of Appeal to set a standard on this issue.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc. and Arvato Netherlands B.V.
This case concerns an application for panel review under Rule 333 RoP filed by Ericsson regarding the confidentiality regime for its licensing documents in patent infringement proceedings involving EP3076673. Ericsson sought an 'external eyes only' confidentiality regime to prevent Asustek's employees from accessing sensitive licensing data involving Asustek's competitors. The Milan Local Division Panel dismissed the application, finding Ericsson failed to provide concrete factual evidence of an actual risk of antitrust violations, but granted leave to appeal to allow the Court of Appeal to set a standard on this issue.
Genentech Inc. and F. Hoffmann-La Roche AG v.Organon & Co., Organon Heist B.V., NV Organon, and Shanghai Henlius Biotech Inc
Genentech Inc. and F. Hoffmann-La Roche AG applied to the Local Division Brussels of the Unified Patent Court for an order to preserve evidence and an order for inspection concerning European Patent EP 3 401 335 B1, which covers pharmaceutical formulations of a HER2 antibody (Perjeta®). The applicants alleged that the defendants were preparing to launch HLX11, a biosimilar of Perjeta®, potentially infringing the patent. The court granted both applications, appointing independent technical experts to conduct the evidence preservation and inspection at the defendants' premises, subject to conditions including a security deposit and limitations on the use of the outcome.
Genentech Inc. and F. Hoffmann-La Roche AG v.Organon & Co., Organon Heist B.V., NV Organon, and Shanghai Henlius Biotech Inc.
Genentech Inc. and F. Hoffmann-La Roche AG (the proprietors of EP 3 401 335 B1, relating to pharmaceutical formulations of HER2 antibodies used in Perjeta®) applied to the Local Division Brussels of the Unified Patent Court for an order to preserve evidence and an order for inspection against Organon entities and Shanghai Henlius Biotech Inc., who are preparing to launch HLX11, a biosimilar of Perjeta®. The court granted both applications, appointing independent technical experts to inspect the defendants' premises and preserve evidence of alleged patent infringement, subject to conditions including a security deposit and limitations on the use of the evidence obtained.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd.
This case before the Milan Local Division concerned the withdrawal of infringement and revocation proceedings involving patent EP3076673 against Digital River Ireland Ltd. following Digital River's insolvency and winding-up order by the High Court of Ireland. Both Ericsson and Digital River agreed to mutual withdrawal of the infringement action and counterclaim for revocation, but disagreed on costs. The Court allowed the withdrawals, ordered the main proceedings to continue against the remaining defendants (Asustek and Arvato), and held that both Ericsson and Digital River should bear their own costs.
Telefonaktiebolaget LM Ericsson v.Asustek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd.
This case concerns the withdrawal of infringement and revocation proceedings involving EP 2727342 at the Milan Local Division. Following Digital River Ireland Ltd.'s insolvency and winding-up order by the High Court of Ireland, both Ericsson and Digital River sought to withdraw their respective claims against each other. The Court allowed both withdrawals, with the main infringement action continuing against Asustek and Arvato, and ordered both parties to bear their own costs based on principles of fairness and equity.
KIPA AB - Request for Access to Pleadings and Evidence (Edwards Lifesciences Corporation v.Meril Lifesciences PVT Limited and Others)
KIPA AB filed a request under Rule 262.1(b) RoP to access written pleadings and evidence in proceedings concerning EP 2 628 464 B1, a patent owned by Edwards Lifesciences Corporation relating to prosthetic heart valves. Both the claimant and defendants opposed the request, arguing it lacked a concrete and legitimate reason and that the applicant's company (SWAT Medical AB) operated in an unrelated field. The Court of First Instance rejected the request, holding that the protection of the integrity of the ongoing proceedings outweighed the applicant's general interest in accessing the materials.
KIPA AB - Request for Access to Pleadings and Evidence (UPC_CFI_8/2023) v.Ex Parte
This procedural order concerns a request by KIPA AB (with co-applicant SWAT Medical AB) for access to written pleadings and evidence under Rule 262.1(b) RoP in proceedings between Edwards Lifesciences Corporation (claimant) and Meril Lifesciences PVT Limited and others (defendants) concerning EP 2 628 464. Both the claimant and defendants opposed the request. The Court rejected the request, holding that the protection of the integrity of the ongoing proceedings outweighed the applicant's interest in obtaining access at that stage, while granting leave to appeal.
KIPA AB v.Ex Parte
This procedural order from the Nordic-Baltic Regional Division of the Unified Patent Court concerns a request by KIPA AB (along with co-applicant SWAT Medical AB) for access to written pleadings and evidence in proceedings between Edwards Lifesciences Corporation (claimant) and Meril Lifesciences PVT Limited and others (defendants) concerning EP 2 628 464. The applicant sought access as a member of the public and competitor in the cardiac implant technology field. The Court rejected the request, holding that the protection of the integrity of the ongoing proceedings outweighed the applicant's interest in obtaining access at that stage, while granting leave to appeal.
KIPA AB - Request for Access to Pleadings and Evidence (Edwards Lifesciences Corporation v.Meril Lifesciences PVT Limited et al.)
An applicant (identified as KIPA AB) requested access to all written pleadings and evidence in proceedings concerning EP 2 628 464 B1, a patent owned by Edwards Lifesciences Corporation, under Rule 262.1(b) RoP. Both the Claimant and Defendants opposed the request, arguing it lacked specificity and a credible legitimate interest. The Court of First Instance rejected the request, holding that the protection of the integrity of the ongoing proceedings outweighed the applicant's interest in accessing the materials, while granting leave to appeal.
KIPA AB (Application for Access to Pleadings and Evidence in Edwards Lifesciences Corporation v.Meril Lifesciences PVT Limited et al.)
This procedural order concerns an application by KIPA AB under Rule 262.1(b) RoP for access to written pleadings and evidence in patent infringement proceedings between Edwards Lifesciences Corporation and Meril Lifesciences PVT Limited et al. concerning EP2628464. Both the Claimant and Defendants opposed the request, arguing it was overly broad and lacked a credible, specific justification. The Court rejected the request, holding that the protection of the integrity of the ongoing proceedings outweighed the applicant's general interest in obtaining access, while granting leave to appeal.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc., Arvato Netherlands B.V., Digital River Ireland Ltd.
This order concerns Ericsson's application to amend its claims in preliminary injunction proceedings against ASUSTek, Arvato Netherlands, and Digital River Ireland regarding European Patent EP 2 819 131 B1. The amendment unconditionally limited the original claims, particularly recharacterizing Defendant Arvato from a direct infringer under Article 25(a) UPCA to an intermediary under Article 62(1) UPCA. The Court of First Instance of the Unified Patent Court (Lisbon Local Division) granted the amendment under Rule 263.3 RoP, as the defendants did not oppose the changes and the amendments narrowed the scope of the original claims.
Edwards Lifesciences Corporation v.Meril Lifesciences PVT Limited, Meril GmbH, Smis International OÜ, and Sormedica UAB
This is a procedural order from the Nordic-Baltic Regional Division of the Unified Patent Court concerning an infringement action and counterclaims for revocation related to European Patent EP 2 628 464. The proceedings had been stayed pending the written decision of the Boards of Appeal of the European Patent Office (TBA), which subsequently rejected the appeal as inadmissible and remitted the case to the EPO Opposition Division with an order to maintain the patent in amended form. The court set a timetable for the resumption of proceedings, requiring the claimant to file an amended statement of claim within 14 days and the defendants to file an amended defence and counterclaim for revocation within 42 days.
Amycel LLC v.[Defendant]
Amycel LLC, owner of European Patent EP 1 993 350 B2 directed to a hybrid Agaricus bisporus mushroom strain BR06 (sold as 'Heirloom'), sought provisional measures against a Polish mushroom farmer selling a competing brown mushroom strain called 'Cayene'. The Local Division The Hague found that mushroom strains are not excluded from patentability under Article 53(b) EPC, that the patent was valid and infringed, and granted the requested provisional measures including an injunction, delivery-up order, customer disclosure, and penalty payments, subject to Amycel providing EUR 200,000 in security.
Spyra v.Amycel LLC (Procedural Order on R. 109 RoP)
A procedural order from the Local Division The Hague concerning a request by the Defendant, Szymon Spyra, for simultaneous interpretation between English and Polish during an oral hearing in provisional measures proceedings. The court rejected the request for court-arranged interpretation under R. 109.1 RoP (whose costs would become costs of the proceedings) but allowed the Defendant to engage an interpreter at his own expense under R. 109.4 RoP.
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