Samuel Granata
23 IP cases indexed. Covers patent matters.
Cases Presided Over
23 cases indexed | Page 1 of 1
BTL Medizintechnik GmbH v.Lexter Microelectronic Engineering Systems S.L.
In a procedural case concerning an infringement action, the UPC granted the withdrawal request initiated by BTL Medizintechnik GmbH against Lexter Microelectronic Engineering Systems S.L.. The court confirmed that since both parties had reached a settlement, the proceedings could be formally closed without further judicial intervention on merits or costs.
BARCO NV v.YEALINK (XIAMEN) NETWORK TECHNOLOGY Co. Ltd. and YEALINK (EUROPE) NETWORK TECHNOLOGY BV
This UPC decision concerns the dismissal of a Preliminary Objection filed by YEALINK against BARCO NV. YEALINK had challenged the territorial competence of the Brussels Local Division, but following a favorable ruling from the Court of Appeal confirming jurisdiction, YEALINK voluntarily withdrew its objection. The court subsequently closed the proceedings based on this withdrawal, allowing the main infringement case to proceed.
CooperSurgical, Inc. v.European Distribution Center Motiva BVBA; Establishment Labs S.A.; PulseLavage AB
In this UPC case concerning EP 3 302 292 B1, the infringement action brought by CooperSurgical was withdrawn with the consent of the Defendants. The Court then issued a comprehensive cost decision that significantly favored the Defendants. Despite the withdrawal, the Claimant was ordered to pay over €187,000 in costs and expenses to the defendants, although they were granted reimbursement for 60% of their court fees.
Barco NV v.Yealink (Xiamen) Network Technology Co. Ltd. and Yealink (Europe) Network Technology BV
In this procedural order, the UPC Local Division Brussels stayed a Preliminary Objection raised by Yealink regarding its territorial competence under Article 33(1)(a) UPCA. The Court recognized that the exact same issue is currently pending before the UPC Court of Appeal (UPC_CoA_317/2025). This decision ensures procedural economy and prevents contradictory findings between the first instance and appellate courts. Practitioners should note how the UPC manages overlapping jurisdictional challenges across different court levels.
Occlutech GmbH v.Lepu Medical (Europe) Cooperatief U.A. a.o.
Occlutech GmbH sought provisional measures against Lepu Medical for the imminent infringement of its patent covering braided occlusion devices. The court's final order emphasized that CE-mark approval is a mandatory prerequisite for legal market entry in the EU. This ruling highlights the critical role of regulatory compliance (specifically MDR) when assessing potential infringement and market readiness within UPC proceedings.
Shangrao Xinyuan Yuedong Technology Development Co., Ltd v.LONGi Solar Technologie GmbH
This UPC decision confirms the procedural mechanism for withdrawing a patent infringement action when parties reach an out-of-court settlement. The Court permitted Shangrao Xinyuan Yuedong to withdraw its claim against LONGi Solar and related entities, provided no party had a legitimate interest in the merits of the case. Furthermore, the Claimant was granted reimbursement of 60% of the court fees paid.
Merz Therapeutics GmbH v.Viatris Santé
In a procedural order concerning provisional measures (UPC_CFI_697/2025), the Court addressed the disparity in the length of written submissions between Merz Therapeutics and Viatris Santé. Recognizing that the extensive 473-page objection filed by Viatris was disproportionate to the summary nature of the proceedings, the Judge Rapporteur intervened. The Court imposed strict page limits—70 pages for Viatris's summary objection and 40 pages for Merz's reply—to ensure procedural economy while maintaining fairness.
Washtower IP B.V. v.INDUSTRIEBETEILIGUNGS- UND BERATUNGS GMBH
Washtower IP B.V. sought provisional measures against several defendants regarding the infringement of its washing machine cabinet patent (EP3522755B1). Although the court did not grant the full scope of preliminary relief requested by Washtower, it issued a significant interim award for legal costs totaling EUR 62,600. This decision highlights how UPC proceedings can yield financial benefits even when primary injunctive or declaratory relief is not immediately granted.
Washtower IP B.V. v.INDUSTRIEBETEILIGUNGS- UND BERATUNGS GMBH
Washtower IP B.V. sought provisional measures against several defendants regarding the patent EP3522755B1 covering ergonomic washing machine cabinets. The court issued an order on September 11, 2025, focusing primarily on costs and interim relief. Although the application for preliminary measures was partially addressed, the ruling established a significant cost award of EUR 62,600 against Defendants 2-5.
Genentech Inc. v.F. Hoffmann – La Roche AG, Organon & Co., Organon Heist B.V., NV Organon, Shanghai Henlius Biotech Inc
In a significant procedural ruling, the UPC Local Division granted an order to preserve evidence and an order for inspection in the dispute concerning EP 3 401 335 B1. The case involves Genentech/Roche against Organon and Shanghai Henlius Biotech regarding biosimilars of the cancer drug Perjeta®. This decision allows the Applicants to secure critical information necessary for their claims, highlighting the UPC's proactive role in managing complex pharmaceutical litigation.
Genentech Inc. v.F. Hoffmann – La Roche AG, Organon & Co., Organon Heist B.V., NV Organon, Shanghai Henlius Biotech Inc
In this significant pharmaceutical dispute, Genentech and F. Hoffmann-La Roche AG sought urgent procedural measures against Organon and Shanghai Henlius Biotech Inc. The UPC Local Division granted both an order to preserve evidence and an order for inspection concerning the patent EP 3 401 335 B1, which covers the cancer medicine Perjeta®. This decision is a critical step in securing necessary data for the ongoing litigation regarding biosimilar launch (HLX11).
Yealink (Xiamen) Network Technology Co. Ltd. v.Barco NV
Yealink filed an application seeking to rectify a previous Final Order concerning legal costs in the UPC case against Barco. Yealink argued that the original order was flawed regarding the cost award amount. However, the Local Division Brussels dismissed the rectification request, holding that the initial decision was legally sound and consistent. This ruling reinforces the strict interpretation of R. 353 RoP, emphasizing that procedural corrections must be limited to clear errors rather than re-evaluations of legal reasoning.
Barco N.V. v.Yealink (Xiamen) Network Technology Co. Ltd.
Barco N.V. sought provisional measures against Yealink entities regarding the European patent EP 3 732 827. The Local Division of the UPC ultimately dismissed the application, finding that there was no sufficient urgency to warrant preliminary relief. While denying the injunction, the court clarified several important procedural matters, including its own territorial competence and the cumulative nature of requirements for granting provisional measures. This decision serves as a reminder to applicants that demonstrating immediate necessity is paramount in urgent UPC proceedings.
AIM Sport Development AG v.TGI Sport Suomi Oy, TGI Sport Virtual Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL (and potentially TGI Sport Virtual UK Limited)
In this procedural order, the UPC Court of First Instance granted AIM Sport Development AG leave to significantly amend its infringement action against the Supponor group. The amendments included adding a new defendant (TGI Sport Virtual UK Limited) and extending the scope of the claims to cover joint infringing acts in Spain. The court reasoned that these changes were necessary to prevent conflicting judgments, thereby promoting procedural efficiency within the UPC framework.
Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
Plant-e successfully sued Arkyne Technologies (Bioo) in the UPC for infringement of its patent covering devices and methods that convert light energy into electricity using living plants. The court ruled that the patent was valid and found infringement based on equivalence, not just literal reading. This decision reinforces the application of established national case law tests when assessing non-literal infringement within the unified patent system.
Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
In a significant ruling for green technology patents, the UPC found that Arkyne Technologies S.L. infringed Plant-e Knowledge B.V.'s patent EP2137782 by equivalence. The court applied a detailed four-part test to determine if the respondent's biofuel cell products fell within the scope of the claims, confirming both validity and infringement. This decision underscores the importance of robust claim construction and the application of the equivalence doctrine in complex technological fields like microbial fuel cells.
Unspecified Claimant v.OrthoApnea S.L.
This procedural decision in the UPC infringement case involving EP 2 331 036 sets the stage for the main hearing. The court formally established the value of the dispute at €250,000 and provided comprehensive guidelines for the oral proceedings. This ruling is significant as it clarifies the financial parameters and procedural expectations for both parties moving into the evidentiary phase.
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Regeneron Pharmaceuticals Inc.
Amgen Inc.'s infringement suit against Sanofi and Regeneron regarding EP3666797 (covering Praluent/Alirocumab) was stayed by the UPC Local Division Munich. This stay followed a prior Central Division decision that had revoked the patent in its entirety, which is now subject to appeal. The parties agreed to halt the infringement proceedings until the validity challenge reaches a final resolution.
Unnamed individual residing in Belgium v.OrthoApnea S.L.
This UPC Local Division Brussels order addressed a procedural challenge brought by OrthoApnea S.L. against an earlier interim decision concerning claim amendments and deadlines in an infringement action related to EP 2 331 036. The court rejected the request for partial review, upholding the Judge-Rapporteur's initial ruling that allowed certain procedural adjustments while maintaining strict control over the case timeline. This highlights the UPC's rigorous approach to managing complex litigation and limiting opportunities for extensive procedural delays.
Individual (unnamed) v.OrthoApnea S.L.
In this procedural order, the UPC Local Division in Brussels addressed an objection raised by OrthoApnea S.L. against the claimant's ability to amend their infringement case. The court rejected the respondents' attempt to block the addition of new facts and arguments based on equivalence. This decision reinforces that while initial pleadings are crucial, the procedural rules allow for necessary adjustments during litigation, provided they maintain coherence with the ongoing proceedings.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA)
Ballinno B.V. sought a provisional injunction against UEFA, Kinexon GmbH, and Kinexon Sports & Media GmbH regarding its patent covering methods for detecting offside situations using sound signals in sports. The UPC Court of First Instance dismissed the application for provisional measures. The court's decision highlighted the importance of demonstrating urgency when pursuing infringement claims, noting that a prolonged period without significant efforts to clarify potential infringement can be detrimental. This ruling serves as a cautionary note regarding procedural diligence in urgent patent litigation.
Steindl Krantechnik Gesellschaft m.b.H. v.BEHA Bau- und Forstgreiftechnik, Inh. Georg Beha e.K.
This UPC decision confirms a settlement reached between Steindl Krantechnik and BEHA Bau- und Forstgreiftechnik regarding EP3287315. The court formally validated the terms of the agreement, which was initially filed as an application for provisional measures. Crucially, both parties successfully requested that the details of this confidential settlement be kept private by the UPC.
Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
In a procedural order, the UPC Local Division The Hague decided to proceed with both an infringement action and a counterclaim for revocation concerning patent EP2137782. This decision was made to ensure procedural expediency and allow for a uniform interpretation of the patent by the same panel. This ruling highlights the court's preference for integrated proceedings when parties agree, avoiding potential delays associated with bifurcating cases.
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