Steven Richard Kitchen DECIDING JUDGES
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
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.
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