VERFAHRENSSPRACHE Deutsch
15 IP cases indexed. Covers patent matters.
Cases Presided Over
15 cases indexed | Page 1 of 1
Rematec GmbH & Co KG, Poststraße 10, 84378 Dietersburg, Germ v.Patentanwälte, Rechtsanwälte, LANGUAGE OF PROCEEDINGS
This order addresses a procedural question regarding jurisdiction over a cost decision application following an appeal in a patent infringement and revocation case concerning EP 2 548 648. The Court of Appeal dismissed Rematec's application to refer its cost decision request to the Court of First Instance, holding that the Court of Appeal has no jurisdiction over cost decisions, which must be filed before the Court of First Instance. The Court found no exceptional circumstances warranting a deviation from the general rule.
Huawei Technologies Co. Ltd. (and Netgear Deutschland GmbH, Netgear Inc., Netgear International Limited in the CFI main action) v.TP-Link Systems Inc., TP-Link Deutschland GmbH, TP-Link Enterprises France SARL, TP-Link Enterprises Netherlands B.V., TP-Link Italia S.R.L., TP-Link Enterprises Nordic AB, Lianzhou International Co., Ltd.
This is an order from the Court of Appeal concerning public access to the register under Rule 262.1(b) RoP. TP-Link had applied before the Local Division Munich for access to certain pleadings and annexes filed by Huawei and Netgear in related infringement proceedings concerning EP 3 678 321, after redaction of personal data. Netgear opposed the request, seeking its rejection or, alternatively, that TP-Link only receive access to fully redacted versions of the documents. The appeal proceedings concern the contested order of the Local Division Munich dated November 28, 2025.
Rematec GmbH & Co KG v.Europe Forestry B.V.
This is an appeal decision concerning European Patent EP 2 548 648, involving Rematec GmbH & Co KG as the appellant (plaintiff in infringement proceedings and defendant in nullity counterclaim proceedings) and Europe Forestry B.V. as the respondent (defendant in infringement and counterclaimant in nullity). The Court of Appeal addressed procedural questions regarding the need to examine dependent claims when the independent claim is upheld, the obligation to issue a final decision rather than remand, and the requirements for ordering publication of decisions under Article 80 EPGÜ. The decision establishes important principles about the scope of appellate review in combined infringement and nullity proceedings.
Huawei Technologies Co. Ltd. v.TP-Link Systems Inc., TP-Link Deutschland GmbH, TP-Link Enterprises France SARL, TP-LINK Enterprises Netherlands B.V., TP-Link Italia S.R.L., TP-LINK Enterprises Nordic AB, Lianzhou International Co., Ltd.
This is a procedural order from the Court of Appeal concerning a file inspection request under Rule 262.1(b) of the Rules of Procedure. TP-Link sought access to certain filings and annexes submitted by Huawei and Netgear in infringement proceedings before the Local Division Munich involving EP 3 678 321, arguing a legitimate interest because Huawei was suing TP-Link for infringement of the same patent. Netgear and Huawei opposed the request, seeking its full rejection or, alternatively, limiting access to fully redacted versions of the documents.
Windhager Handelsgesellschaft m.b.H. v.bellissa HAAS GmbH
This procedural order concerns an application by Windhager Handelsgesellschaft m.b.H. for suspensive effect of its appeal against a decision of the Local Division Mannheim in a patent infringement dispute involving European Patent EP 2 223 589. The Local Division had largely upheld bellissa HAAS GmbH's infringement claims while rejecting Windhager's invalidity counterclaim. Windhager sought suspensive effect, arguing the first-instance decision contained obvious errors in its assessment of direct infringement and the dismissal of the invalidity counterclaim, and also requested a stay of the appeal proceedings pending a new invalidity action filed by LS 9 GmbH before the Central Division Milan.
ILME GmbH Elektrotechnische Handelsgesellschaft, Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. v.Respondent
This procedural order concerns an appeal filed by ILME against a decision of the Local Division Munich that had rejected ILME's objection under R. 19.1(a) RoP in a patent infringement action concerning EP 3 602 692. Following an out-of-court settlement between the parties, the Local Division Munich allowed the withdrawal of the main infringement action on June 5, 2025. The Court of Appeal dismissed the appeal as moot under R. 360 RoP, finding that ILME no longer had any legal interest in a decision on the appeal.
Amazon Europe Core S.à r.l. , Amazon.com, Inc. v.Respondent
This procedural order concerns an appeal filed by Amazon against a decision of the Local Division Munich that had rejected Amazon's request for an unredacted version of documents and information from Nokia in a patent infringement case concerning EP 2 661 892. After the parties reached an out-of-court settlement and the Local Division Munich allowed the withdrawal of the main action, Amazon informed the Court of Appeal that the appeal had become moot. The Court of Appeal dismissed the appeal by applying Rule 360 RoP, holding that the rule applies not only when the main claim becomes moot but also when the appeal itself becomes moot.
Hand Held Products, Inc. v.Respondent
The Court of Appeal issued an order concerning a withdrawal request under Rule 265.1 of the Rules of Procedure. Hand Held Products, Inc. had obtained a preliminary injunction from the Local Division Munich against Scandit AG for indirect infringement of claims 1 and 10 of European Patent EP 3 866 051. After Scandit appealed, Hand Held Products requested withdrawal of the provisional measures request, to which Scandit consented. The Court of Appeal allowed the withdrawal and declared the proceedings terminated.
biolitec Holding GmbH & Co. KG v.S.I.A. LIGHTGUIDE International, Light Guide Optics Germany GmbH
The Local Chamber Munich ruled on a jurisdiction objection raised by the defendants in an infringement action concerning EP 3 685 783. The court held that the Munich chamber was competent to hear the infringement case, rejecting the defendants' argument under Article 33(2) EPGÜ that the Düsseldorf chamber should have jurisdiction. The court reasoned that at the time the infringement action was filed on November 20, 2024, no parallel action under Article 32(1)(a), (c), (f), (g) or (h) was pending before another first-instance chamber, since the prior interim measures application had already been appealed to the Court of Appeal.
Hand Held Products, Inc. v.Respondent
Hand Held Products, Inc. filed an application under Rule 109 of the Rules of Procedure requesting simultaneous interpretation from German into English for the oral hearing scheduled for January 9, 2025, in proceedings concerning EP 3 866 051. The Court of Appeal rejected the main request for court-funded interpretation, holding that the mere fact that internal employees of Hand Held Products who do not speak German would attend the hearing did not justify ordering such measures, particularly since Hand Held Products had voluntarily chosen German as the procedural language. The subsidiary request for interpretation arrangements at the applicant's own cost was addressed under Rule 109.4 of the Rules of Procedure.
Scandit AG v.Hand Held Products, Inc.
This procedural order concerns an application by Scandit AG under Rule 36 of the Rules of Procedure to file a reply to the respondent's appeal response in a patent infringement appeal. The underlying dispute involves EP 3 866 051, where the Court of First Instance (Local Division Munich) had issued an interim injunction on August 27, 2024 against Scandit for indirect infringement of claims 1 and 10. Scandit sought leave to file a reply to address what it characterized as new arguments raised by Hand Held Products regarding features 1.7 to 1.9 of claim 1 and to introduce additional prior art.
Meril Life Sciences Pvt Ltd., Meril GmbH v.Edwards Lifesciences Corporation
This appeal concerned the determination of which party is the prevailing party under Article 69(1) of the Agreement on a Unified Patent Court following the dismissal of a claim after the defendant submitted an injunction and commitment declaration. The dispute involved European Patent EP 3 763 331 relating to a crimping device for stent-based valve prostheses. The Court of Appeal held that when a defendant commits to comply with the plaintiff's requests after proceedings have been initiated, the plaintiff is generally considered the prevailing party, as the declaration itself implies that the plaintiff's requests have been fulfilled.
Apple Retail France EURL, Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple Distribution International Ltd. v.Respondent
This procedural order from the Court of Appeal concerns an appeal by several Apple entities against an order of the President of the Court of First Instance (Local Division Düsseldorf) dated June 18, 2024, which rejected a request to change the language of proceedings to the language in which European Patent EP 2 263 098 was granted. The order addresses a Rule 36 application filed by the respondent Ona Patents SL, seeking to disregard the appellants' reply filed on August 15, 2024, or alternatively to be granted an extension to respond. The court reasoned that under Rule 239.2 RoP, the written procedure in appeal proceedings is concluded when the judge summons the parties to oral hearing, and any Rule 36 request for further submissions must be filed before that date.
NanoString Technologies Germany GmbH, NanoString Technologies Netherlands B.V., NanoString Technologies Inc. v.10x Genomics, Inc., President and Fellows of Harvard College
This is a corrigendum order from the Court of Appeal correcting Headnote 2, paragraph 3 of a prior order dated February 26, 2024, due to an obvious incorrectness. The case concerns European Patent EP 4 108 782 and involves proceedings on provisional measures between 10x Genomics and Harvard College as applicants/appellees and NanoString Technologies entities as respondents/appellants. The corrected headnote restates the principles of patent claim interpretation under Article 69 EPC and its Protocol, clarifying that the patent claim is not merely the starting point but the decisive basis for determining the scope of protection.
10x Genomics, Inc., President and Fellows of Harvard College v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding preliminary measures for alleged infringement of European Patent EP 4 108 782. After the oral hearing on December 16, 2023, all three NanoString entities filed for Chapter 11 bankruptcy in the US Bankruptcy Court for the District of Delaware on February 4, 2024. The applicants (10x Genomics and Harvard) requested that the proceedings be stayed due to the insolvency, and the respondents (NanoString) agreed. The Court of Appeal held that, under principles of procedural economy, cost efficiency, and fair balance of interests, the proceedings did not need to be stayed because the insolvency occurred only after the close of oral hearings and the case was ready for decision.
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