statter das schriftliche Ver
4 IP cases indexed. Covers patent matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
Hartmann Packaging A/S v.Omni-Pac Ekco GmbH Verpackungsmittel; Omni-Pac GmbH Verpackungsmittel
This decision from the Düsseldorf Local Division addresses procedural motions regarding the exchange of further written pleadings in a patent infringement and revocation case involving EP 2 755 901 B1. The court ruled against both the claimant (Hartmann Packaging A/S) and the respondents (Omni-Pac GmbH). The ruling underscores strict adherence to the UPC's procedural timetable, requiring parties to utilize their allotted submissions or formally request additional pleadings under R. 36 VerfO with strong justification.
Grundfos Holding A/S v.Hefei Xinhu Canned Motor Pump Co., Ltd.
In this procedural ruling, the Düsseldorf Local Court rejected a request by Hefei Xinhu Canned Motor Pump Co., Ltd. to introduce evidence regarding a Chinese patent's invalidation decision into the UPC proceedings. The court found that the late submission and failure to provide the document in German prejudiced the preparation for the upcoming oral hearing. This case highlights the strict procedural requirements of the UPC, emphasizing timely submissions and adherence to the official language of the proceedings.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG; Mammut Sports Group GmbH
In this UPC case concerning EP 3 466 498 B1, Ortovox Sportartikel GmbH sought permission to introduce new evidence regarding the respondent's offering of a 'Barryvox S' device with voice control. The court ultimately rejected this request. While existing interim measures protect against infringement by the 'Barryvox S2', the introduction of the 'Barryvox S' requires careful procedural handling, balancing the claimant's need for information against the respondents' right to be heard within the limited time frame.
Apple Retail France EURL, Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple Distribution International Ltd. v.Ona Patents SL
This UPC Court of Appeal decision addresses a procedural motion regarding the timing of written submissions in an ongoing patent dispute involving Apple and Ona Patents SL. The court strictly interpreted the Rules of Procedure, holding that requests for further pleadings must be filed before the rapporteur concludes the written phase and schedules the oral hearing. Consequently, the appellants' late submission was rejected, allowing the case to proceed as planned.
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