UPC Court of Appeal UPC
16 IP cases indexed. Covers patent matters.
Cases Presided Over
16 cases indexed | Page 1 of 1
Samsung Bioepis NL B.V. v.Alexion Pharmaceuticals, Inc.
This UPC Court of Appeal decision concerns the procedural withdrawal of appeals in a dispute between Samsung Bioepis and Alexion Pharmaceuticals regarding EP 3 167 888. The case, which had previously involved provisional measures and cost disputes, was ultimately closed when both parties agreed to withdraw their respective applications for leave to appeal. The court confirmed that consent from the opposing party negates any legitimate interest in the continuation of the proceedings.
PAPST LICENSING GmbH & Co. KG v.European Patent Office (EPO)
This UPC Court of Appeal decision addresses the strict interpretation of unitary patent effect under Regulation 1257/2012. Papst Licensing challenged the EPO's rejection of their request for unitary effect, arguing that historical context and proportionality should allow registration despite the omission of Malta in the original designation. The court firmly rejected this argument, emphasizing a literal reading of Article 3(1). This ruling reinforces the mandatory nature of procedural requirements when seeking unitary protection.
Viatris Santé v.Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France
This UPC Court of Appeal decision addresses a procedural appeal concerning the admissibility of exhibits and submissions during infringement proceedings related to a pharmaceutical SPC. The court ultimately dismissed the appeal, ruling that it had become devoid of purpose because the underlying matter—the provisional measures application—had already been decided in favor of the appellant (Viatris). This highlights the importance of assessing legal interest when determining whether an action warrants adjudication under UPC rules.
HL Display AB v.Black Sheep Retail Products B.V.
This UPC Court of Appeal decision addressed an application by Black Sheep Retail Products B.V. to suspend the enforcement of a CFI-ordered information disclosure mandate from HL Display AB. The core dispute centered on whether the confidential business information requested (such as origin, distribution channels, and profits) should be withheld pending appeal. The Court ultimately rejected the suspension request, affirming that while confidentiality is important, it does not automatically negate the need for the patent proprietor to gather evidence necessary for damage calculation.
Visibly Inc. v.Easee B.V., Easee Holding B.V., and managing director
This UPC Court of Appeal decision addressed an application for suspensive effect related to a security for costs order issued by the CFI in an infringement action. The court found that the initial order contained manifest errors, specifically regarding the legal basis for requiring security for costs under Art. 69(4) UPCA. By granting suspensive effect to both Easee's appeals, the UPC ensured that the status quo would be maintained pending a full review of the underlying issues.
Tandem Diabetes Care Europe B.V. v.Roche Diabetes Care GmbH
Tandem Diabetes Care appealed a decision from the Central Division Paris regarding the revocation of EP 2 196 231, which covered an ambulatory drug infusion system. Before the Court of Appeal could rule on the appeal, both parties reached a settlement agreement. The UPC Court of Appeal subsequently confirmed this settlement, formally terminating all proceedings related to the patent.
NJOY Netherlands B.V. v.Juul Labs International Inc.
This UPC Court of Appeal decision concerns a procedural matter where NJOY Netherlands B.V. sought to withdraw an appeal against Juul Labs International Inc. The underlying action was a revocation suit brought before the CFI, which had previously dismissed it. Given that both parties consented to the withdrawal, the CoA permitted the closure of the proceedings. This case highlights the importance of party consent in procedural matters under the UPC Rules of Procedure.
Ericsson GmbH v.Motorola Mobility LLC
This UPC Court of Appeal decision concerns the procedural withdrawal of a counterclaim for patent revocation filed by Ericsson against Motorola. Following an initial infringement action, Ericsson sought to withdraw its revocation claim and associated appeal after both parties agreed that there was no legitimate interest in the court proceeding. The Court granted the withdrawal based on the respondent's consent, effectively closing the case.
Network System Technologies LLC v.Volkswagen AG
In this procedural matter before the UPC Court of Appeal, Network System Technologies LLC sought the release of substantial security deposits previously ordered by the Munich Local Division. The security had been required to cover potential legal costs related to infringement proceedings against Volkswagen AG. Crucially, NTS subsequently withdrew its infringement actions at the lower court level. The Court of Appeal agreed that with the withdrawal of the main claims, the basis for maintaining the security vanished. This decision provides a clear procedural precedent regarding the timely release of funds when underlying litigation is terminated by the claimant.
Network System Technologies LLC v.Audi AG
This UPC Court of Appeal decision concerns the release of security deposits following the withdrawal of infringement actions. Network System Technologies LLC had deposited substantial funds to cover legal costs incurred by Audi AG during the proceedings. Since NTS subsequently withdrew its claims and closed the case at the Munich Local Division, the Court of Appeal granted the application for the full return of these security amounts. This ruling provides clarity on the procedural mechanism for releasing financial guarantees when litigation concludes prematurely.
Meril Italy S.r.l. v.Respondent 1 / SWAT Medical AB
This UPC Court of Appeal decision addressed a critical procedural issue concerning representation before the court. The Court ruled that self-representation is invalid for lawyers and European Patent Attorneys when they are parties to the case, reinforcing strict due process requirements. Additionally, it clarified limitations on corporate representatives acting for legal entities if they lack independence. Consequently, the Court did not dismiss the access request but instead granted a 14-day grace period for the respondents to appoint proper authorized counsel.
Magna International France, SARL, Magna PT s.r.o., Magna PT B.V. & Co. KG v.Valeo Electrification
This appeal before the UPC Court of Appeal concerned an application for suspensive effect regarding a preliminary injunction issued by the CFI against Magna. The core dispute centered on whether a specific BMW model, the 2 Series Gran Coupé, was correctly exempted from the injunction's scope. The Court of Appeal sided with Magna, finding that the exclusion was arbitrary and disproportionate given the evidence of production plans for this vehicle. Consequently, the court suspended the effect of the injunction specifically for the 2 Series Gran Coupé model.
TOTAL SEMICONDUCTOR, LLC v.Texas Instruments Deutschland GmbH; Texas Instruments EMEA Sales GmbH
This UPC Court of Appeal decision addressed a procedural challenge regarding the scope of judicial competence, specifically whether a judge-rapporteur can unilaterally impose security for costs and deny leave to appeal. The court ruled that while case management orders are generally not directly appealable, the underlying issue raised an important access to justice question about judicial authority. By allowing limited leave to appeal on this procedural point, the Court ensured that fundamental questions of procedure could be addressed by a panel.
Ona Patents SL v.Google Commerce Limited, Google Ireland Limited
This UPC Court of Appeal decision addresses a procedural dispute regarding the language of proceedings in an infringement case. The appeal sought to change the language from German to English, based on the patent's grant language and the defendant's operational context. The court ultimately sided with the defendant (Google), establishing that while claimants have a right to choose the language, this right is balanced against the principle of fairness for the defendant. This ruling provides important guidance on how procedural rights interact with the need to ensure equitable litigation in the UPC.
10x Genomics, Inc. v.Curio Bioscience Inc.
This UPC Court of Appeal decision clarifies the scope and persistence of confidential information protection orders (R.262A RoP) across different procedural stages. The court held that confidentiality obligations established by the CFI remain fully effective in subsequent appeal proceedings, negating the need for redundant protective measures. This ruling provides clarity on how parties must manage sensitive evidence when appealing decisions.
Curio Bioscience Inc. v.10x Genomics, Inc.
This UPC Court of Appeal decision clarifies the procedural application of confidentiality rules (R. 262A RoP) during appeal proceedings. The court held that if information was already protected by a CFI order, parties do not need to file redundant requests for protection in the appellate phase. This streamlines litigation by preventing duplication of protective measures.
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