Torsten Duhme
5 IP cases indexed. Covers patent matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
Centripetal Limited v.Palo Alto Networks, Inc.
The Court of Appeal of the Unified Patent Court rejected Centripetal Limited's appeal against the Mannheim Local Division's revocation of a Saisie Order that had granted Centripetal's application for preserving evidence and inspecting premises against Palo Alto Networks, Inc. in connection with European patent EP 3 821 580. The Court held that Centripetal's amended requests submitted on appeal, which sought to broaden the scope of the original Saisie Order, were inadmissible because they were filed for the first time on appeal without justification and seriously prejudiced Palo Alto's ability to defend itself.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This is an appeal decision from the Court of Appeal concerning European Patent EP 3 223 320, owned by Seoul Viosys Co., Ltd., against expert e-Commerce GmbH and expert klein GmbH. The appeal concerns the assessment of added matter (unzulässige Erweiterung) under Article 123(2) EPC, particularly where the patent was derived from an international application not filed in an official EPO language. The Court of Appeal addressed key legal questions regarding the role of translations of international applications and the standard for assessing disclosures in earlier applications.
expert klein GmbH and expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed a decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The Court of Appeal addressed the legal standard for assessing unallowable extension of subject matter (added matter), particularly in the context of a patent derived from a divisional application.
Expert e-Commerce GmbH, Expert klein GmbH v.Seoul Viosys Co., Ltd.
This is an appeal decision concerning European Patent EP 3 926 698, owned by Seoul Viosys Co., Ltd. The appellants, expert e-Commerce GmbH and expert klein GmbH (part of the expert retail group), appealed against the decision of the Local Division Düsseldorf of October 10, 2024, which had addressed both an infringement action and a counterclaim for revocation. The appeal proceedings (UPC_CoA_764/2024 and UPC_CoA_774/2024) were heard together at an oral hearing on July 11, 2025, with Seoul Semiconductor Co., Ltd. intervening in support of Viosys.
Seoul Viosys Co., Ltd. v.Respondent
The Court of Appeal issued an order disregarding a post-hearing brief filed by Seoul Viosys Co., Ltd. following the oral hearing of July 11, 2025. The court held that under Rule 36 of the Rules of Procedure, there is no basis for filing further pleadings after the close of written proceedings without prior court approval, and this applies even more so after the oral hearing when the case is ready for decision. The court further held that there is no need to respond in writing to the court's introduction after the oral hearing, as any such response should have been made during the hearing itself.
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