statter auf einen mit einer Begr
6 IP cases indexed. Covers patent matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
Seoul Viosys Co., Ltd. v.Respondent
The Court of Appeal issued an order disregarding a post-hearing brief filed by Seoul Viosys Co., Ltd. following the oral hearing of July 11, 2025. The court held that under Rule 36 of the Rules of Procedure, there is no basis for filing further pleadings after the close of written proceedings without prior court approval, and this applies even more so after the oral hearing when the case is ready for decision. The court further held that there is no need to respond in writing to the court's introduction after the oral hearing, as any such response should have been made during the hearing itself.
Dolby International AB v.Respondent
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent No. 3 605 534 B1. The plaintiff, Dolby International AB, sought leave under Rule 36 RoP to file a further pleading addressing the FRAND objection raised by the defendants (Beko Germany GmbH and Arçelik A.Ş.) for the first time in their statement of defense. The court granted the application, finding that allowing a further pleading on the FRAND issue was warranted for reasons of fairness, equity, efficiency, and the right to be heard, and noted that the defendants would not be prejudiced and no procedural delay would result.
Brodrene Hartmann A/S v.Respondent
This procedural order concerns European Patent EP 2 755 901 B1 and addresses applications by both parties for leave to exchange further pleadings under Rule 36 RoP in infringement proceedings. The Local Chamber Düsseldorf denied the applications, finding that the plaintiff had failed to file a proper Rule 36 application and instead improperly introduced new arguments on equivalent patent infringement in its rejoinder to the counterclaim for revocation. The court held that the decision to allow further pleadings lies in the discretion of the Rapporteur and requires substantial reasons given the goal of conducting oral hearings within one year of filing.
Hefei Xinhu Canned Motor Pump Co., Ltd. v.Respondent
This procedural order concerns the defendant's application under Rule 36 of the Rules of Procedure for leave to file a further pleading in a patent infringement action involving EP 2 778 423 B1. The defendant sought to introduce a January 6, 2025 decision of the Chinese State Intellectual Property Office, which fully invalidated the corresponding Chinese patent CN201480013981.1 based on the same prior art references. The Local Chamber Düsseldorf, through Presiding Judge Thomas acting as Rapporteur, denied the application, finding it was filed more than six weeks after the Chinese decision without justification, that the decision was submitted only in Chinese rather than the German procedural language, and that allowing late submission would prejudice both the court's and the plaintiff's preparation for the oral hearing scheduled for March 27, 2025.
Ortovox Sportartikel GmbH v.Respondent
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 3 466 498 B1. The plaintiff Ortovox Sportartikel GmbH sought leave under Rule 36 of the Rules of Procedure to file additional submissions after learning that the defendants were also offering the 'Barryvox S' (in addition to the previously accused 'Barryvox S2') with voice control functionality. The court denied the request, finding no basis to permit further submissions, noting that the plaintiff is already protected by confirmed provisional measures orders regarding the 'Barryvox S2' and retains remedies for any potential violations.
Apple Retail France EURL, Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple Distribution International Ltd. v.Respondent
This procedural order from the Court of Appeal concerns an appeal by several Apple entities against an order of the President of the Court of First Instance (Local Division Düsseldorf) dated June 18, 2024, which rejected a request to change the language of proceedings to the language in which European Patent EP 2 263 098 was granted. The order addresses a Rule 36 application filed by the respondent Ona Patents SL, seeking to disregard the appellants' reply filed on August 15, 2024, or alternatively to be granted an extension to respond. The court reasoned that under Rule 239.2 RoP, the written procedure in appeal proceedings is concluded when the judge summons the parties to oral hearing, and any Rule 36 request for further submissions must be filed before that date.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.