Udo Matter
5 IP cases indexed. Covers patent matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
EOFlow Co., Ltd. v.Insulet Corporation
The Court of Appeal dismissed EOFlow's appeal against the Milan Central Division's denial of its requests under R. 262.2 RoP to classify certain business information as confidential. The court held that trade secrets or confidential information lose their protected character when disclosed to the opposing party without a R. 262A RoP order or other restriction, and that a R. 262.2 RoP request does not automatically prevent the other party from disclosing the information.
EOFlow Co., Ltd. v.Insulet Corporation
This appeal concerns a confidentiality request filed by EOFlow in proceedings related to a preliminary injunction finding that its insulin pump products infringe Insulet's European patent EP 4 201 327. The Court of Appeal held that there is no implicit limitation on the use of information received as a result of compliance with a court order to communicate information under Art. 67 UPCA and R. 191 RoP, and that EOFlow should have filed a R. 262A RoP application rather than relying on R. 262.2 RoP. The Court granted Insulet access to the documents labelled 'confidential,' denied EOFlow's request to restrict Insulet's use of the communicated information, and declined to decide on the remaining requests at that stage.
Toyota Motor Europe NV/SA v.Neo Wireless GmbH & Co. KG
Toyota Motor Europe NV/SA filed a revocation action against Neo Wireless GmbH & Co. KG concerning European Patent EP 3 876 490 before the Central Division (Paris Seat) of the Unified Patent Court. After the interim conference and the suspension of the oral hearing, the proceedings were stayed, and Toyota subsequently applied to withdraw the action under Rule 265 of the Rules of Procedure. The Court granted the withdrawal, declared the case terminated, and ordered reimbursement of 20% of the court fees (EUR 4,000) to Toyota, finding that the withdrawal occurred before the closure of the oral procedure under Rule 370.9(b)(iii) RoP.
DexCom, Inc. v.Abbott Laboratories and Others
This is an appeal order from the Court of Appeal of the Unified Patent Court concerning EP 3 435 866. DexCom appealed a decision of the Paris Local Division that had revoked the patent entirely and dismissed DexCom's infringement claims. Following the appeal, both parties agreed to withdraw the infringement action and the counterclaims for revocation, and the Court permitted the withdrawals, declared the proceedings closed, and ordered 60% reimbursement of appeal court fees to DexCom.
DexCom, Inc. v.Abbott Laboratories and Others
DexCom, Inc. appealed a decision of the Munich Local Division that revoked EP 3 797 685 entirely and dismissed all infringement claims brought against the Abbott companies. Following the appeal, DexCom applied to withdraw the infringement action, and the Abbott companies consented and applied to withdraw their counterclaims for revocation. The Court of Appeal permitted the withdrawals, declared the proceedings closed, and ordered a 60% refund of appeal court fees to DexCom.
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