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15 IP cases indexed. Covers patent matters.
Cases Presided Over
15 cases indexed | Page 1 of 1
Rematec GmbH & Co KG v.Europe Forestry B.V.
This is an order from the Court of Appeal of the Unified Patent Court concerning a cost determination application filed by Rematec following its successful appeal in a patent infringement and revocation dispute involving EP 2 548 648. The Court of Appeal held that it lacked jurisdiction to determine costs and that such applications must be filed with the Court of First Instance, even when they relate to costs of appeal proceedings. Rematec's request to refer the cost determination application to the Local Division Mannheim, while preserving the original filing date, was rejected.
Huawei Technologies Co. Ltd. v.TP-Link Systems Inc. and Others (Netgear Deutschland GmbH and Others as Respondents before Court of First Instance)
The Court of Appeal of the Unified Patent Court dismissed Huawei's appeals against an order of the Local Chamber Munich granting TP-Link access to certain redacted documents filed in infringement proceedings between Huawei and Netgear concerning EP 3 678 321. The court held that TP-Link had a legitimate interest in accessing the documents because Huawei was suing TP-Link for infringement of the same patent, and that Huawei failed to comply with the procedural requirements for claiming confidentiality under Rule 262.2 of the Rules of Procedure.
Rematec GmbH & Co KG v.Europe Forestry B.V.
Appeal from the Local Chamber Mannheim's decision invalidating European Patent EP 2 548 648 (relating to a mill for comminuting grinding material) and dismissing the infringement action. The Court of Appeal overturned the first instance, upheld the validity of the patent in its granted form, found direct and indirect infringement by Europe Forestry's 'Europe Grinders'/'Europe Chip Mills' products, and granted remedies including injunction, recall, destruction, information, and damages.
Huawei Technologies Co. Ltd. v.TP-Link Systems Inc. et al.
This is a procedural order from the Court of Appeal of the Unified Patent Court concerning an application for inspection of files under Rule 262.1(b) RoP. TP-Link sought access to redacted pleadings from infringement proceedings between Huawei and Netgear concerning EP 3 678 321, arguing a legitimate interest as Huawei was suing them for infringement of the same patent. The Local Chamber Munich partially granted TP-Link's request, prompting Huawei to appeal and seek suspensive effect to prevent disclosure before the appeal could be decided.
Windhager Handelsgesellschaft m.b.H. v.bellissa HAAS GmbH
The Court of Appeal of the Unified Patent Court rejected Windhager's application for suspensive effect of its appeal against a decision of the Local Chamber Mannheim, which had largely upheld bellissa's infringement claim regarding EP 2 223 589 and dismissed Windhager's revocation counterclaim. The court found that Windhager failed to demonstrate that the first instance decision contained obvious errors or that its interest in staying enforcement outweighed bellissa's interest in preventing patent infringement. The pending new revocation action before the Central Chamber Milan was deemed irrelevant at this stage.
ILME GmbH Elektrotechnische Handelsgesellschaft and Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A. v.PHOENIX CONTACT GmbH & Co. KG
This is a procedural order of the Court of Appeal of the Unified Patent Court concerning EP 3 602 692. The appeal was filed by ILME against an order of the Local Division Munich rejecting ILME's objection under R. 19.1(a) RoP in a patent infringement action brought by PHOENIX CONTACT. After the parties reached an out-of-court settlement and the Local Division Munich allowed the withdrawal of the infringement action, the Court of Appeal dismissed the appeal as moot under R. 360 RoP without a costs order.
Amazon Europe Core S.à r.l. and Others v.Nokia Technologies Oy
This is a procedural order from the Court of Appeal of the Unified Patent Court concerning EP 2 661 892. Amazon had appealed a decision of the Local Division Munich that rejected its request under Art. 59 EPGÜ and R. 190 RoP for disclosure of unredacted documents from Nokia. After the parties reached an out-of-court settlement and the main infringement action was withdrawn, the Court of Appeal dismissed the appeal as moot under R. 360 RoP.
Scandit AG v.Hand Held Products, Inc.
This is a decision of the Court of Appeal of the Unified Patent Court concerning a withdrawal request under Rule 265.1 of the Rules of Procedure. Hand Held Products, Inc. requested withdrawal of its request for interim measures regarding EP 3 866 051, and Scandit AG consented. The Court of Appeal allowed the withdrawal and declared the appeal proceedings terminated, finding no need for a cost decision since neither party filed a cost request.
biolitec Holding GmbH & Co. KG v.Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International
The Local Chamber Munich of the Unified Patent Court rejected the defendants' objection (Einspruch) challenging the admissibility of an infringement action concerning EP 3 685 783. The court held that the Munich chamber had jurisdiction because, at the time the infringement action was filed on November 20, 2024, the prior interim measures application between the same parties regarding the same patent was already pending before the Court of Appeal, not before another chamber of the Court of First Instance. The court further established that the action was deemed served on December 2, 2024.
Hand Held Products, Inc. v.Scandit AG
Procedural order from the Court of Appeal of the Unified Patent Court concerning EP 3 866 051. Hand Held Products requested simultaneous interpretation from German to English for an oral hearing scheduled for January 9, 2025. The Court rejected both the main request for court-ordered interpretation and the alternative request for interpretation at the applicant's cost, but noted that Hand Held Products could privately arrange interpretation at its own expense under Rule 109.4.
Scandit AG v.Hand Held Products, Inc.
This is a procedural order from the Court of Appeal of the Unified Patent Court concerning an application by Scandit AG under Rule 36 of the Rules of Procedure to file a reply to Hand Held Products' response to the appeal. The Court of Appeal rejected the application, finding that Scandit had not sufficiently justified why a reply was necessary, and held that further prior art could not be introduced at the appeal stage without proper justification.
Meril Life Sciences Pvt Ltd. & Meril GmbH v.Edwards Lifesciences Corporation
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning the allocation of costs after Meril submitted a cease and desist declaration during provisional measures proceedings brought by Edwards Lifesciences over European Patent EP 3 763 331. The Court of Appeal held that when a defendant submits a cease and desist declaration after proceedings are initiated, the plaintiff is generally the prevailing party, and dismissed Meril's appeal, ordering Meril to bear the costs of the appeal proceedings.
Apple Retail Germany B.V. & Co. KG and Others v.Ona Patents SL
This is a procedural order from the Court of Appeal of the Unified Patent Court concerning EP 2 263 098. The Apple entities appealed an order of the President of the Court of First Instance (Local Division Düsseldorf) rejecting their application to change the language of proceedings. The Court of Appeal rejected the Appellants' further submission filed on August 15, 2024, because the Rule 36 application seeking leave to file additional pleadings was submitted after the interim proceedings had already been closed on August 13, 2024.
NanoString Technologies Germany GmbH, NanoString Technologies Netherlands B.V. and NanoString Technologies Inc. v.10x Genomics, Inc. and President and Fellows of Harvard College
This is a corrigendum issued by the Court of Appeal of the Unified Patent Court on 11 March 2024, correcting Headnote 2, paragraph 3 of its earlier order dated 26 February 2024 in proceedings concerning EP 4 108 782. The underlying proceedings concern an appeal against an order of the Court of First Instance (Local Chamber Munich) of 19 September 2023 in provisional measures proceedings (UPC CFI 2/2023). The corrected headnote sets out principles for the interpretation of European patent claims under Article 69 EPC in conjunction with the Protocol on its interpretation.
10x Genomics, Inc. and President and Fellows of Harvard College v.NanoString Technologies Inc., NanoString Technologies Germany GmbH, and NanoString Technologies Netherlands B.V.
This is an order from the Court of Appeal of the Unified Patent Court concerning EP 4 108 782. After the oral hearing on 16 December 2023, all three NanoString respondents filed for Chapter 11 bankruptcy in the US Bankruptcy Court for the District of Delaware on 4 February 2024. Both parties requested suspension of the appeal proceedings. The Court of Appeal rejected the requests, holding that under principles of procedural economy, cost efficiency, and fair balance of interests, proceedings need not be suspended under Rule 311.1 of the Rules of Procedure when a party is declared insolvent only after the close of oral hearings and the case is ready for decision.
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