Tobias Pichlmaier
30 IP cases indexed. Covers patent matters.
Cases Presided Over
30 cases indexed | Page 1 of 1
Emboline, Inc. v.AorticLab srl
Emboline, Inc. alleged that AorticLab srl's 'FLOWer' embolic protection device infringed European Patent EP 2 129 425, which relates to an embolic protection device with a cylindrical outer structure and conical inner structure for capturing emboli. The Local Division Munich of the Unified Patent Court dismissed the infringement action, finding that the attacked embodiment did not include a pull loop or other graspable structure engageable by a hook as required by claim 1 of the patent. The defendant's conditional counterclaim for invalidity was not decided because it was dependent on a finding of infringement, and the defendant was ordered to bear the costs of the counterclaim.
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co. a.o.
JingAo Solar Co., Ltd., the registered proprietor of European patent EP 2 787 541 (relating to solar cells), sued Chint New Energy Technology Co. and its Astronergy affiliates for allegedly infringing the patent through their 'ASTRO N' series n-type TOPCon solar modules sold in Germany, France, Italy, and the Netherlands. The defendants counterclaimed for revocation and raised defenses including lack of standing, incomplete infringement allegations, validity challenges, and antitrust violations. The Local Division Munich found infringement, dismissed the counterclaim for revocation in its entirety, and granted injunctive relief, information orders, recall and destruction orders, damages, and an interim award of costs against the defendants.
ONWARD Medical N.V v.Niche Biomedical, Inc.
ONWARD Medical N.V. sought interim injunctive relief against Niche Biomedical, Inc. (doing business as ANEUVO) for alleged infringement of European Patent EP 3 421 081 B1, directed to a system for neuromodulation. The Local Chamber Munich of the Unified Patent Court addressed the legal principle that auxiliary requests seeking interim measures based on alternative claim formulations deviating from the granted patent version are generally inadmissible in provisional proceedings under Article 62 EPGÜ. The court held that a patent proprietor's request to amend the claim formulation indicates that the patent as granted is likely invalid, undermining the court's ability to assess the validity required for granting interim relief.
Motorola Mobility LLC v.1) ASUSTek Computer Inc 2) ASUS Computer GmbH 3) ASUSTEK (UK) LIMITED
Motorola Mobility LLC, the registered proprietor of European Patent EP 3 972 309, brought an infringement action against ASUSTek Computer Inc., ASUS Computer GmbH, and ASUSTEK (UK) Limited before the Local Chamber Munich. The patent concerns a method and apparatus for implementing carrier-specific changes as part of a connection reconfiguration affecting the security keys used in user equipment communicating with two cell groups. The defendants filed a counterclaim. The case was heard orally on July 9, 2025, and the decision was issued on October 10, 2025, by a panel of four judges.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This case concerns European Patent No. 3 215 288 B1, relating to metal sintering preparations, which is in force in Germany, France, Italy, and Romania. Heraeus Electronics GmbH & Co. KG filed an infringement action against Vibrantz GmbH, while Vibrantz filed a counterclaim for revocation along with applications for patent amendment and a decision on an absolute procedural bar. The Local Chamber Munich addressed the binding effect of a final national revocation judgment under Art. 24.1(e) of the Agreement on a Unified Patent Court, holding that in the absence of specific UPCA regulations, national law governs this question, and also examined private prior use rights in Germany, France, Italy, and Romania.
ALD Vacuum Technologies GmbH v.Respondent
This case concerns an application by ALD Vacuum Technologies GmbH for revocation of an evidence preservation and inspection order under Rule 198.1 of the EPG Rules of Procedure. The Local Chamber Munich addressed whether the rapporteur could retroactively change the starting date of the deadline for initiating main proceedings, given that the court-appointed expert had delivered the inspection report later than originally anticipated. The court held that while the length of the deadline is fixed, the starting date is within the court's discretion and may be modified, particularly when the expert submits the report late.
Tiroler Rohre GmbH v.SSAB Europe Oy, SSAB Swedish Steel GmbH
This case before the Local Division Munich concerned an infringement action by Tiroler Rohre GmbH, the sole proprietor of European Patent EP 2 839 083 B9, against SSAB Swedish Steel GmbH and SSAB Europe Oy regarding pile driving tips (Rammspitzen) for tubular piles. The defendants sold competing pile tips under the designations GS115, GS140, and GS170. The defendants raised a counterclaim for revocation and filed an appeal. The court addressed the burden of proof regarding infringement arguments based on circumstances outside the patent claim, holding that the defendant bears the burden of proof for such arguments and that the infringement plaintiff is not required to present arguments about components outside the patent claim under Art. 54 EPGÜ.
Emboline, Inc. v.Respondent
1. The one who files a counterclaim for revocation (Art. 32 (1) e) UPCA) is an “Applicant” according to Art. 69 (4) UPCA. 2. Anyone who claims that he would be driven into insolvency in case of an injunction to desist, confirms that his financial position gives rise to a legitimate and real concern that a possible order for costs may not be recoverable. Local Division Munich UPC_CFI_628/2024 ACT_58638/2024 App_8962/2025 2 APPLICANT (CLAIMANT IN THE INFRINGEMENT PROCE
Chint Solar Netherlands B.V. , Astronergy Europe GmbH , Astronergy Solarmodule GmbH , Chint New Energy Technology Co., Ltd., Astronergy GmbH, Astronergy Solar Netherlands B.V. v.Respondent
With regard to a country that fails to fulfil its obligations under the Hague Service Convention, it has to be assumed that an order for reimbursement of costs by the UPC may not be enforceable in this country or just in an unduly burdensome way. Local Division Munich UPC_CFI_425/2024 ACT_42211/2024 App_54919/2024 APPLICANTS (DEFENDANTS IN THE INFRINGEMENT PROCEEDINGS) 1. Chint New Energy Technology Co., Ltd., NO.1 Jisheng Road, Jianshan New Zone, 314415 Haining City, Zhejiang
Chainzone Technology (Foshan) Co., Ltd. v.Respondent
This order concerns a request by Chainzone Technology (Foshan) Co., Ltd. for inspection of the court file under Rule 262.1.b of the Rules of Procedure in a preliminary evidence preservation proceeding relating to European Patent EP 2 643 717. The patent holder SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H. raised no objection, noting that Chainzone had already been admitted as an intervenor in related proceedings before the Local Chamber Vienna. The presiding judge granted the request, ordering that file inspection be provided subject to redaction of personal data to be identified by SWARCO within ten days.
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Respondent
This is a rectification order from the Local Division Munich of the Court of First Instance concerning EP 3 646 825, a patent related to heart valve prostheses. Meril Gmbh and Meril Life Sciences Pvt Ltd. (the defendants in the underlying infringement action) applied under Rule 353 RoP to rectify clerical mistakes, errors in calculation, and obvious slips in the court's decision of 15 November 2024. The court granted several rectifications relating to factual inaccuracies on pages 13, 14, 28, 39, 41, 53, and 59 of the decision, while dismissing the remaining requests.
biolitec Holding GmbH & Co. KG v.S.I.A. LIGHTGUIDE International, Light Guide Optics Germany GmbH
The Local Chamber Munich ruled on a jurisdiction objection raised by the defendants in an infringement action concerning EP 3 685 783. The court held that the Munich chamber was competent to hear the infringement case, rejecting the defendants' argument under Article 33(2) EPGÜ that the Düsseldorf chamber should have jurisdiction. The court reasoned that at the time the infringement action was filed on November 20, 2024, no parallel action under Article 32(1)(a), (c), (f), (g) or (h) was pending before another first-instance chamber, since the prior interim measures application had already been appealed to the Court of Appeal.
SnowPixie Co., Ltd. v.Respondent
This order concerns an application by the defendant in infringement proceedings for the Local Chamber Munich to order the plaintiff to provide security for costs under Rule 158 of the Rules of Procedure of the Unified Patent Court. The applicant argued that the plaintiff, a small enterprise, lacked sufficient financial means, citing a low credit rating and recent operating losses. The court ordered security for costs but reduced the amount based on equity considerations, while rejecting the plaintiff's application for legal aid because it was capable of bearing both its own costs and the ordered security.
Snowpixie Co., Ltd. v.Golf Tech Golfartikel Vertriebs GmbH
The defendant in an underlying patent infringement proceeding applied for an order requiring the plaintiff to provide security for costs under Rule 158 of the Rules of Procedure, citing the plaintiff's poor credit rating and recent operating losses. The plaintiff opposed the application and alternatively sought legal aid. The Local Chamber Munich ordered the plaintiff to provide security in a reduced amount, finding that although the plaintiff qualified as a small enterprise with insufficient assets, equity considerations and the principle of effective access to justice warranted a reduction below the applicant's requested EUR 257,000. Legal aid was denied because the plaintiff was capable of bearing both its own costs and the reduced security.
Huawei Technologies Co. Ltd v.Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc.
This is a procedural order from the Local Chamber Munich concerning European Patent No. 3 678 321. Huawei Technologies Co. Ltd filed an infringement action against three Netgear entities, who filed a counterclaim for invalidity. Both parties agreed to have the infringement action and the invalidity counterclaim heard together before the Local Chamber Munich, and the panel concurred with this request.
air up group GmbH v.Respondent
The Local Division Munich of the Unified Patent Court addressed an application concerning the service of a request for preliminary measures (interim injunction) to a Chinese-domiciled defendant in proceedings related to EP 3 655 341. After formal service under the Hague Service Convention failed due to the Chinese authority's non-processing for over six months, and alternative methods of service were neither factually nor legally possible, the court held that the steps already taken constituted good service under Rule 275.2 RoP. Service was deemed effective as of the date of the order, with the defendant given fourteen days to file an objection.
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This procedural order concerns the handling of confidential information in a patent infringement dispute involving European Patent No. 3 215 288. The defendant Vibrantz GmbH sought to classify certain redacted text passages and unredacted exhibits as confidential, restricting access to a limited number of persons. The claimants Heraeus partially contested the need for protection, arguing that some information had already been disclosed in national proceedings and requesting access for five named individuals. The court addressed the scope of confidentiality protection and the number of persons permitted to access the sensitive recipe/formulation information.
Tiroler Rohre GmbH v.Respondent
The Local Chamber Munich addressed the procedural consequences following the withdrawal of an application for interim measures concerning European Patent EP 2 839 083. After the applicant withdrew its request following the oral hearing, the defendants argued they had a legitimate interest in a substantive decision due to defense costs and the imminent filing of a main action. The court held that no legitimate interest existed for a decision after withdrawal, as such a decision would have no res judicata effect and could not prevent new proceedings.
Panasonic Holdings Corporation v.Respondent
This procedural order concerns a patent infringement action brought by Panasonic Holdings Corporation against Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH regarding European Patent No. 3 024 163. The plaintiff sought to extend the lawsuit to include OTECH Germany GmbH as an additional defendant, arguing that OTECH had taken over the smartphone sales activities previously handled by OROPE and had already been found liable for patent infringement by the Mannheim Regional Court in June 2023. The defendants opposed the extension as inadmissible and untimely, contending the plaintiff could and should have sued OTECH directly or filed the extension request much earlier.
Motorola Mobility LLC v.Respondent
1 Local Division Munich UPC_CFI_41/2024 Order of the Court of First Instance of the Unified Patent Court in the main proceedings related to European Patent 3 780 758 delivered on 06/08/2024 Date of receipt of Statement of claim: 30/01/2024 Telefonaktiebolaget LM Ericsson (Defendant
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Regeneron Pharmaceuticals Inc., Sanofi-Aventis Groupe S.A.
Amgen Inc. brought a patent infringement action against Sanofi and Regeneron entities concerning European Patent 3,666,797 and their drug Praluent (Alirocumab). The defendants had filed revocation actions, and the Central Division revoked the patent in its entirety on 16 July 2024. Both parties agreed to stay the infringement proceedings pending the outcome of the appeal against the revocation decision, and the court granted the stay.
KraussMaffei Extrusion GmbH v.TROESTER GmbH & Co. KG
This case concerned a patent infringement action brought by KraussMaffei Extrusion GmbH against TROESTER GmbH & Co. KG regarding European Patent EP 3 221 117. Following an oral hearing on April 16, 2024, the parties reached an out-of-court settlement, and the plaintiff withdrew the action with the defendant's consent. The court allowed the withdrawal, terminated the proceedings, and ordered a 20% reimbursement of court fees to the plaintiff under Rule 370.9(b)(iii) of the Rules of Procedure, finding that the oral proceedings had not yet been concluded.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Respondent
This order concerns a procedural dispute in a patent infringement case involving European Patent EP 3 024 163 held by Panasonic Holdings Corporation. The defendants, Guangdong OPPO Mobile Telecommunications Corp. Ltd. and OROPE Germany GmbH, requested an extension of the deadline to file their Duplik (reply) to the infringement claim, the reply to the counterclaim for revocation, and the response to the patent amendment request, until September 17, 2024. The court found that the plaintiff's practice of filing a redacted 'unredacted version' of its reply, with redacted portions serving as placeholders for later submissions, was impermissible, but granted an exception since this issue was being addressed for the first time.
Guangdong OPPO Mobile Telecommunications Corp. Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This case concerns an application by Panasonic Holdings Corporation for confidentiality protection under Rule 262A of the Rules of Procedure in a patent infringement action involving European Patent EP 3 024 163. Panasonic sought to classify certain information related to ongoing FRAND license negotiations with the defendants (OPPO and OROPE) as strictly confidential, including grey-highlighted submissions and exhibits labeled 'Anlagen KAP FRAND'. The defendants requested that access to such confidential information be restricted to specific named persons. The order was issued by the presiding judge Matthias Zigann of the Local Chamber Munich.
Sumi Agro Limited, Sumi Agro Europe Limited v.Syngenta Limited
This case concerns a request by the defendants (Sumi Agro Limited and Sumi Agro Europe Limited) for confidential treatment of two exhibits (Confidential Exhibit SA-1 and Confidential Exhibit SA-9) filed in proceedings related to European Patent EP 2 152 073. The claimant (Syngenta Limited) did not formally object to the confidentiality request and provided a list of employees within its group who would have access to the confidential information. The Presiding Judge granted the application, ordering that the information be treated as strictly confidential and not used or disclosed outside the proceedings.
Sumi Agro Europe Limited v.Respondent
This is a procedural order in preliminary measures proceedings concerning European Patent EP 2 152 073. The defendants requested postponement of the scheduled oral hearing from 11 July 2024 to 12 July 2024 due to a conflicting hearing at the Düsseldorf Regional Court. After the claimant confirmed its availability for 12 July 2024, the court granted the request and rescheduled the hearing.
Huawei Technologies Co. Ltd v.Respondent
This case concerns an application by Huawei Technologies for a production order against itself and a confidentiality order in proceedings alleging infringement of European Patent EP 3 611 989, which Huawei claims is essential to the Wi-Fi 6 standard. Huawei sought to introduce into the proceedings a license agreement it concluded with Amazon on March 5, 2024, regarding its Wi-Fi patent portfolio, arguing that court-ordered confidentiality protection was necessary. The defendants, NETGEAR entities, were defending in part on the basis of an antitrust compulsory license (FRAND) defense. The order was issued by the presiding judge Matthias Zigann as rapporteur of the Munich Local Chamber.
Huawei Technologies Co. Ltd v.Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc.
This case concerns an infringement action brought by Huawei Technologies against three Netgear entities regarding European Patent EP 3 611 989, which Huawei asserts is essential to the Wi-Fi 6 standard. The defendants raised an exhaustion defense, contending that some accused embodiments incorporate Qualcomm chips and that Huawei's August 2020 license agreement with Qualcomm covers its Wi-Fi 6 standard patents. The defendants applied for an order requiring Huawei to produce the Qualcomm license agreement, along with coercive penalties for non-compliance, while Huawei opposed production citing US court restrictions and alternatively sought confidentiality protections.
Avago Technologies International Sales Pte. Limited v.Tesla Manufacturing Brandenburg SE, Tesla Germany GmbH
This case concerns European Patent EP 1 838 002, with Avago Technologies International Sales Pte. Limited as the plaintiff alleging patent infringement against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE. The defendants filed counterclaims for revocation of the patent. The court addressed the procedural question under Article 33(3) of the Agreement on a Unified Patent Court regarding whether the infringement action and revocation counterclaims should be heard together or separated. Both parties agreed that the action and counterclaims should be heard together before the same panel, and the court ordered that they be jointly heard before the Local Chamber Munich.
Steindl Krantechnik Gesellschaft m.b.H. v.BEHA Bau- und Forstgreiftechnik, Inh. Georg Beha e.K.
This case concerned an application for provisional measures related to European Patent EP 3 287 315 before the Local Chamber Munich. Following an oral hearing on January 30, 2024, the parties reached a preliminary settlement, and the claimant subsequently filed an application under Rule 365 of the Rules of Procedure to confirm the settlement. The defendant consented to the settlement and both parties jointly requested its confirmation, confidentiality of its details, and noted that costs were already settled within the agreement.
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