Ulrike Vo
52 IP cases indexed. Covers patent matters.
Cases Presided Over
52 cases indexed | Page 2 of 2
NEC Corporation v.TCL Deutschland GmbH & Co. KG et al.
The Local Division Munich of the Unified Patent Court addressed the withdrawal of counterclaims for revocation and for a FRAND-license offer filed by certain TCL defendants in a patent infringement action brought by NEC Corporation concerning European patent EP 2 645 714. Following a settlement and the conclusion of a patent licence agreement, the defendants withdrew both counterclaims and sought partial reimbursement of court fees. The court permitted the withdrawals, ordered 60% reimbursement of court fees for both counterclaims, and held that a counterclaim for a FRAND-license offer is subject to court fees by analogous application of Rule 370 RoP.
NEC Corporation v.TCL Deutschland GmbH & Co. KG and Others
NEC Corporation filed a patent infringement action against multiple TCL entities concerning European patent EP 3 057 321 before the Local Division Munich. Before a final decision was issued, the parties reached a contractual settlement and NEC declared withdrawal of the action. The court permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the court fees paid by NEC.
NEC Corporation v.TCL Deutschland GmbH & Co. KG et al.
NEC Corporation filed a patent infringement action against multiple TCL entities concerning European patent EP 2 645 714 before the Local Division Munich. Before the closure of the written procedure, the parties reached a contractual agreement, and NEC declared withdrawal of the action. The Court permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the court fees paid by NEC.
Abbott Diabetes Care Inc. v.Dexcom Inc., Dexcom Deutschland GmbH, and Dexcom International Limited
Abbott Diabetes Care Inc. filed a patent infringement action against Dexcom entities concerning European patent EP 4 087 195 before the Local Division Munich. Following the filing of counterclaims for revocation by the defendants and an application to amend the patent by the claimant, all parties mutually withdrew their respective claims before the scheduled oral hearing. The Court permitted the withdrawals, declared the proceedings closed, and ordered each party to bear its own extrajudicial costs with no reimbursement between the parties.
Avago Technologies International Sales Pte. Limited v.Realtek Semiconductor Corporation
Avago Technologies filed an application for interim measures concerning European Patent EP 1 770 912 against Realtek Semiconductor before the Local Chamber Munich. After the court issued an ex parte order on 9 December 2024 that was never served on Realtek, Avago withdrew its application on 3 January 2025. The court allowed the withdrawal without hearing the respondent, terminated the proceedings, and ordered Avago to bear the costs.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH & Tesla Manufacturing Brandenburg SE
Avago Technologies International Sales Pte. Limited filed an infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE concerning European Patent EP 1 770 912 B1 before the Local Chamber Munich. After the defendants filed a counterclaim for invalidity, the plaintiff withdrew the infringement action, and the defendants consented to the withdrawal. The court allowed the withdrawal, terminated the proceedings, and ordered each party to bear their own costs.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE
This case concerned a counterclaim for revocation of European Patent EP 1 770 912 B1 filed by Tesla against Avago Technologies' infringement action. Tesla withdrew its counterclaim for revocation, and Avago consented to the withdrawal without requesting a cost decision. The Local Chamber Munich allowed the withdrawal, declared the proceedings terminated, and ordered each party to bear their own costs.
HARTING Electric Stiftung & Co. KG (Application for Access to Court Files) v.Ex Parte
HARTING Electric Stiftung & Co. KG, an opponent in pending opposition proceedings before the European Patent Office concerning European Patent EP 3 602 692, applied for access to the briefs and evidence filed in infringement proceedings between PHOENIX CONTACT GmbH & Co. KG and Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. and ILME GmbH before the Local Division Munich. The court granted the application, holding that an opponent in pending opposition proceedings has a legal interest in accessing court files under Rule 262.1(b) RoP during ongoing proceedings.
Avago Technologies International Sales Pte. Limited v.Realtek Semiconductor Corporation
The Local Division Munich of the Unified Patent Court granted Avago's application for an anti-suit and anti-enforcement injunction against Realtek. Realtek had filed a lawsuit in the U.S. District Court for the District of Delaware seeking to permanently enjoin Avago from pursuing patent infringement claims in Germany against certain automotive companies using Realtek's products. The court held that such foreign anti-suit and anti-enforcement injunctions violate the European right to access to justice under Art. 47 of the EU Charter and the German constitutional right to access to courts, and qualify as tortious acts under § 823(1) BGB.
GXD-Bio Corporation v.Myriad International GmbH and Others
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.
Koninklijke Philips N.V. v.Shenzhen Yunding Information Technology Co., Ltd (EP 3 197 316)
The Local Chamber Munich of the Unified Patent Court ruled on the reimbursement of court fees following the withdrawal of an application for interim measures concerning European Patent EP 3 197 316. The applicant, Koninklijke Philips N.V., withdrew its application for interim measures one day after filing, and subsequently sought reimbursement of 60% of the court fees paid. The court held that Rule 370(9)(b)(i) of the Rules of Procedure applies by analogy to the withdrawal of an application for interim measures and ordered reimbursement of €6,600.00.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
NanoString Technologies Europe Limited brought a revocation action before the Central Division (Section Munich) of the Unified Patent Court seeking revocation of European Patent EP 2 794 928 B1 owned by President and Fellows of Harvard College, relating to compositions and methods for detecting analytes. The court rejected the defendant's preliminary objection on lis pendens related to a parallel German revocation action and refused permission for a subsequent application to amend the patent. The Central Division held that the main request lacked novelty over the prior art document Göransson, and that the auxiliary requests lacked inventive step, revoking the patent in its entirety.
MSG Maschinenbau GmbH v.EJP Maschinen GmbH
This case before the Local Chamber Munich of the Unified Patent Court 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 claimant withdrew the infringement action and the defendant sought a declaration that the counterclaim had become moot. The court permitted the withdrawal, declared both proceedings terminated, ordered each party to bear its own costs, and granted each party a 60% reimbursement of court fees (€6,600.00 each).
i-mop GmbH v.ARCORA International GmbH
Unified Patent Court decision.
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 Deutschland GmbH & Co. KG and Others (Access Advance LLC, Applicant)
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.
NEC Corporation v.TCL Deutschland GmbH & Co. KG and Others
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.
NEC Corporation v.TCL Deutschland GmbH & Co. KG et al.
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.Texas Instruments Incorporated, Texas Instruments Deutschland GmbH, Volkswagen AG, and AUDI AG
Network System Technologies LLC filed a patent infringement action before the Local Division Munich concerning European patent EP 1 552 669 against four defendants. The Claimant withdrew the action against Defendants 1 and 2 (Texas Instruments Incorporated and Texas Instruments Deutschland GmbH) pursuant to Rule 265 RoP following a settlement. The court permitted the partial withdrawal and closed the proceedings against those two defendants, with each party bearing its own costs.
Abbott Diabetes Care Inc. v.Dexcom Inc., Dexcom Deutschland GmbH, Dexcom International Limited
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.TCL Deutschland GmbH & Co. KG, TCL Industrial Holdings Co., Ltd., TCT Mobile Germany GmbH, TCT Mobile Europe SAS, and 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 & Manfred Sauer v.Qufora A/S
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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