Ulrike Vo
45 IP cases indexed. Covers patent matters.
Cases Presided Over
45 cases indexed | Page 2 of 2
HARTING Electric Stiftung & Co. KG v.Respondent
This procedural order concerns an application by HARTING Electric Stiftung & Co. KG for access to the case files of an ongoing patent infringement action between PHOENIX CONTACT GmbH & Co. KG (plaintiff) and Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. and ILME GmbH (defendants) concerning European Patent EP 3 602 692. HARTING, which had filed an opposition against the patent in suit before the European Patent Office (joined by defendant ILME GmbH), sought access to the briefs and evidence filed in the main infringement proceedings to properly defend its interests in both the opposition proceedings and related utility model infringement actions. The Local Chamber Munich held that an opponent in a pending opposition proceeding concerning the patent in suit has a legal interest in accessing the case files under Rule 262.1(b) RoP during the ongoing proceedings.
Avago Technologies International Sales Pte. Limited v.Realtek Semiconductor Corporation
Avago Technologies, proprietor of European Patent EP 1 770 912 B1 (relating to the 1000Base-T1 Automotive Ethernet Standard, in force only in Germany), sought provisional measures against Realtek Semiconductor Corporation. The dispute arose after Realtek filed a lawsuit against Avago in the Court of Chancery of Delaware (USA), which was referred to the United States District Court for the District of Delaware, seeking what Avago characterized as foreign anti-suit and/or anti-enforcement relief. The Local Division Munich ruled on the court's jurisdiction to grant interim relief against such foreign measures, holding that foreign anti-suit and enforcement injunctions violate the European right to effective judicial protection (Art. 47 EU Charter) and the German constitutional guarantee of access to courts.
Myriad Service GmbH, Myriad Genetics, Inc., Myriad International GmbH, Myriad Genetics B.V., Eurobio Scientific, Myriad Genetics S.r.l., Myriad GmbH, Myriad Genetics S.A.S. v.Respondent
This procedural order from the Local Division Munich concerns a request by the defendants for the claimant to provide security for legal costs under Rule 158 RoP and Article 69(4) UPCA in a patent infringement action concerning European patent EP 3 346 403. The defendants argued that the claimant, a Korean IP monetization company incorporated in 2024 with limited assets and a low credit rating, posed a risk that any cost order would be unrecoverable. The claimant did not contest the request and agreed to provide security of EUR 112,000, and the court ordered the security to be provided by deposit or bank guarantee by 15 January 2025.
UPC Decision UPC-001163 v.Respondent
Koninklijke Philips N.V. filed an application for interim measures against Shenzhen Yunding Information Technology Co., Ltd concerning European Patent EP 3 197 316, but withdrew the application the following day. After the court confirmed the effectiveness of the withdrawal, Philips sought a 60% refund of the court fees paid. The Local Division Munich held that Rule 370(9)(b)(i) of the Rules of Procedure applies analogously to the withdrawal of an application for interim measures before completion of the written procedure, and ordered a refund of €6,600.00.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
This is a revocation action concerning European patent EP 2 794 928 B1, owned by President and Fellows of Harvard College, brought by NanoString Technologies Europe Limited before the Central Division (Section Munich) of the Court of First Instance. The Claimant sought revocation of the patent, while the Defendant defended its validity. The Court examined its international jurisdiction of its own motion, declined to stay proceedings despite a parallel German revocation action in which the German Federal Patent Court had already revoked the German national part of the patent, and assessed novelty and inventive step under Article 54(1) EPC. The Court also refused permission for a subsequent auxiliary request to amend under Rule 50.2 RoP in conjunction with Rule 30.2 RoP, holding that it could and should have been filed earlier under the front-loaded system.
MSG Maschinenbau GmbH v.EJP Maschinen GmbH
This case concerned an infringement action and a counterclaim for revocation regarding European Patent EP 3 225 320 B1, which relates to a device and method for measuring the straightness of rod-shaped workpieces. Following the complete revocation of the patent by the EPO Board of Appeal on July 4, 2024, the plaintiff withdrew the infringement action under Rule 265 RoP and sought a 60% reimbursement of court fees. The defendant sought a declaration that the revocation counterclaim had become moot under Rule 360 RoP and also requested a 60% reimbursement of court fees.
i-mop GmbH v.ARCORA International GmbH
This is a default judgment (Versäumnisentscheidung) issued by the Local Chamber Munich in a patent infringement action under Article 37 of the UPC Agreement and Rule 355 of the Rules of Procedure. The plaintiff, i-mop GmbH, is the proprietor of European Patent EP 3 760 094 B1, which protects a hand-guided floor processing device with a specific joint configuration allowing the floor part to be rotated at least ±45° around a vertical axis. The defendant, ARCORA International GmbH, is a German-domiciled company against whom the infringement claim was directed. The judgment was rendered by a panel consisting of Presiding Judge Ulrike Voß (Rapporteur), legally qualified Judge Dr. Daniel Voß, and legally qualified Judge Mojca Mlakar.
NEC Corporation v.TCT Mobile Germany GmbH, TCL Communication Technology Holdings Ltd., TCL Industrial Holdings Co., Ltd., TCL Operations Polska Sp. z.o.o, TCL Deutschland GmbH & Co. KG, TCT Mobile Europe SAS, TCL Overseas Marketing Ltd.,
This case concerns an application by Access Advance LLC, the administrator of a HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against several TCL entities regarding European patent EP 2 645 714 B1. The Defendants opposed the intervention, arguing that Access Advance lacked a legal interest and that allowing it would circumvent a non-disclosure agreement and potentially violate Article 101 TFEU. The Local Division Munich admitted the intervention in support of the Claimant, subject to strict confidentiality restrictions limiting Access Advance's access to certain sensitive information.
NEC Corporation v.TCL Communication Technology Holdings Ltd., TCL Industrial Holdings Co., Ltd., TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG, TCL Overseas Marketing Ltd.,
This case concerns an application by Access Advance LLC, the administrator of an HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against multiple TCL entities concerning European patent EP 3 057 321 B1. The Defendants opposed the intervention, arguing that Access Advance lacked a sufficient legal interest and that allowing intervention would circumvent an NDA and potentially violate Article 101 TFEU. The Local Division Munich granted the application to intervene, subject to strict confidentiality protections and procedural conditions.
TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG v.NEC Corporation
This is a procedural order from the Local Division Munich concerning a Rule 262A RoP confidentiality request in a patent infringement action involving European patent EP 3 057 321. Defendants 1), 3), 4) and 6) (TCL entities) filed an amended application for protection of confidential information regarding their FRAND Counterclaim and Statement of defence, after reaching an agreement with the Claimant on the terms of a confidentiality club. The Court granted the application, classifying specified information and annexes as confidential and restricting access to named representatives and their teams.
TCL Deutschland GmbH & Co. KG v.NEC Corporation
This is a procedural order from the Local Division Munich of the Unified Patent Court concerning a Rule 262A RoP confidentiality request in a patent infringement action involving European patent EP 2 645 714. Defendants 1), 3), 4) and 6) sought protection of confidential information in their FRAND Counterclaim and Statement of defence, and after the parties reached an understanding on the applicable confidentiality club, the court granted the amended application. The court classified specific information as confidential, restricted access to designated representatives and their teams, and imposed a penalty of up to EUR 250,000 for any culpable breach of the confidentiality obligations.
Network System Technologies LLC v.Respondent
The Claimant, Network System Technologies LLC, sued four Defendants for patent infringement regarding European patent EP 1 552 669. By letter dated 1 July 2024, the Claimant declared a partial withdrawal of the action against Defendants 1 and 2 (Texas Instruments Incorporated and Texas Instruments Deutschland GmbH) following a settlement. The Local Division Munich held that Rule 265 RoP applies to partial subjective withdrawals of action, permitted the withdrawal with the consent of Defendants 1 and 2, and ordered that each party bear its own costs as agreed.
Abbott Diabetes Care Inc. v.Dexcom Deutschland GmbH, Dexcom International Limited , Dexcom Inc.
Procedural order concerning the protection of confidential information under Rule 262A of the Rules of Procedure of the Unified Patent Court. The Defendants requested that certain internal information contained in their Rejoinder be treated as strictly confidential, and the Local Division Munich granted the request, restricting access to the Claimant's named representatives and three named employees, with provisions for confidentiality obligations and penalty payments for breaches.
NEC Corporation v.TCT Mobile Europe SAS, TCL Deutschland GmbH & Co. KG, TCT Mobile Germany GmbH, TCL Industrial Holdings Co., Ltd., TCL Overseas Marketing Ltd., , TCL Communication Technology Holdings Ltd., TCL Operations Polska Sp. z.o.o
NEC Corporation filed a patent infringement action against several TCL entities concerning European Patent EP 3 057 321 before the Local Division Munich. The sole issue addressed in this order was whether proper service had been effected on Defendant 2 (TCL Industrial Holdings Co., Ltd.), which is domiciled in China. The Court held that service was validly completed on 11 May 2024, accepting the defendant's own statement as proof of service.
Manfred Sauer GmbH v.Respondent
Procedural order from the Local Division Munich concerning a request by the defendants (Applicants) to dispense with translation of German-language exhibits filed in patent infringement proceedings relating to European patent EP 2 911 727. The Court dismissed the request, holding that the panel as a whole lacked sufficient German language skills and that the number, scope, and nature of the eleven exhibits made it disproportionate to waive the translation requirement. The Applicants had already filed machine translations as an auxiliary measure, thereby complying with Rule 7(1) RoP.
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