statter das schriftliche Ver
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
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.
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