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7 IP cases indexed. Covers patent matters.
Cases Presided Over
7 cases indexed | Page 1 of 1
Tridonic GmbH & Co. KG v.Inventronics GmbH
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent No. EP 2 011 218 B1. The plaintiff, Tridonic GmbH & Co KG (Austria), filed an infringement action against the defendant, Inventronics GmbH (Germany). On the joint request of both parties, the court ordered the suspension of proceedings under Rules 295(d) and 296.2 of the Rules of Procedure due to ongoing settlement discussions.
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v.ALPINA Coffee Systems GmbH
This is a procedural order issued by the Local Chamber Düsseldorf concerning three European patents (EP 3 398 487, EP 3 281 569, and EP 3 610 762) in a dispute between CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG (plaintiff) and ALPINA Coffee Systems GmbH (defendant). The court addressed the question of how to proceed under Article 33(3) of the UPC Agreement regarding the handling of the infringement action and the counterclaim for revocation. With the agreement of both parties, the chamber ordered that both the infringement action and the revocation counterclaim be heard jointly, citing procedural efficiency and the moderate complexity of the technical subject matter.
Evac Oy v.Respondent
This case concerns an infringement action brought by Evac Oy regarding European Patents EP 1 840 282 B1 and EP 1 813 734 B1 against six defendants, including a Chinese company, German companies, and individual persons. The court confirmed a settlement reached between the plaintiff and defendants 4 to 6 (S.K. Marine Supplies GmbH, Katharina Kiran Singh Kang, and Shaminder Singh Kang) pursuant to Rule 365(1) sentence 2 of the Rules of Procedure. The proceedings against defendants 1 to 3 (Shanghai VacDrain Vacuum Drainage Equipment Co., Ltd., VD Solutions GmbH, and Yong Cao) were ordered to continue, and no cost decision was required as the parties had agreed on costs.
Siltronic AG v.Respondent
This case concerns an order of the Local Chamber Düsseldorf regarding European Patent EP 3 212 356 B1, directed at a 'shaped saw wire with controlled curvature at bends.' The applicant, Bekaert Binjiang Steel Cord Co. & Ltd., sought evidence preservation measures against the respondents, Siltronic AG and Hinterberger GmbH & Co.KG. Respondent 1 (Siltronic AG) filed an application under Rules 197.3 and 197.4 of the Rules of Procedure seeking review of the inspection and evidence preservation order. The Chamber issued headnotes clarifying that evidence preservation orders may secure evidence of individual infringing acts, that Rule 196.1 RoP is not an exhaustive catalog of measures, and that such orders may include seizure of delivery notes and invoices where justified by the applicant's evidence preservation interest.
CAN Srl Airxcel Europe v.Respondent
This procedural order concerns a request by the defendant, CAN Srl Airxcel Europe, to extend the deadlines for filing a preliminary objection and a statement of defense/counterclaim in an infringement action concerning European Patent EP 1 788 320 B1. The defendant argued that service of the statement of claim at a trade fair was ineffective. The Local Chamber Düsseldorf rejected both extension requests, holding that the strict time regime of the Rules of Procedure permits extensions only in exceptional cases, and the defendant failed to demonstrate any such exceptional circumstances.
Dolby International AB v.Respondent
This procedural order concerns the extension of deadlines for the reply to the infringement action and the response to the counterclaim for revocation in proceedings involving European Patent EP 3 490 258 B1. The court established that while R. 9.3(a) RoP empowers the court to extend deadlines, such extensions should be granted cautiously and only in justified exceptional cases. The court held that restricted access to unredacted submissions due to R. 262A RoP confidentiality requests constitutes such an exceptional case, requiring that the party and its representatives have sufficient time to develop a unified strategy addressing both infringement and validity issues.
M-A-S Maschinen- und Anlagenbau Schulz GmbH v.Respondent
The plaintiff, an Austrian machine and plant engineering company, sought permission to serve its infringement complaint on a Turkish defendant at the defendant's trade fair stand at the PRS Europe fair in Amsterdam on June 19/20, 2024. The court held that under Rule 271.5(a) of the Rules of Procedure, service may be effected at any location within contracting member states where a company has a permanent or temporary business establishment, and that a trade fair stand qualifies as such when, as is typically the case, deliveries are also promoted there. The court ordered service at the specified trade fair address and directed the plaintiff to initially bear the costs of such service.
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