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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 appeal court ruling addresses a procedural dispute regarding the jurisdiction for determining litigation costs following an initial judgment and subsequent appeals. Rematec sought to have its costs application referred back to the Local Division (GEI) based on prior rulings, but the Appeal Court denied this request. The court clarified that cost determination always originates at the GEI under the Rules of Procedure, regardless of whether the application follows a decision from the Appeal Court. This reinforces strict procedural adherence in UPC litigation.
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 UPC Court of Appeal decision addressed an appeal regarding the public access to confidential documents submitted in underlying infringement and revocation proceedings involving Huawei and TP-Link. The court ultimately rejected Huawei's attempt to block document disclosure, upholding the initial order that allowed TP-Link limited access to redacted versions of the files. This ruling reinforces the balance between the public right of access under the EPC and the need to protect sensitive commercial information in UPC litigation.
Rematec GmbH & Co KG v.Europe Forestry B.V.
This UPC appellate decision involved a complex interplay between patent infringement and revocation proceedings. Although the respondent successfully argued for the invalidity of EP 2 548 648, leading to the dismissal of the infringement claim, the court still awarded the claimant a lump-sum damages payment of €20,000. The ruling also provided important procedural guidance on when an appellate court must render a final judgment in both revocation and infringement cases following an appeal.
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 UPC Board of Appeal decision addresses a procedural motion regarding document access in ongoing infringement and revocation proceedings involving Huawei and TP-Link concerning patent EP 3 678 321. TP-Link sought access to confidential documents, which the Local Division partially granted with a deadline. Huawei appealed this order, arguing against the disclosure. The Board of Appeal ultimately granted suspensive effect to Huawei's appeal, effectively halting the document disclosure until further review.
bellissa HAAS GmbH v.Windhager Handelsgesellschaft m.b.H.
This UPC Court of Appeal decision addressed Windhager's request to stay the execution of a judgment issued by the Local Division in an infringement case against bellissa HAAS GmbH. Although Windhager had raised revocation defenses, the court found insufficient grounds to grant the stay. The ruling reinforces the high threshold required for obtaining a stay of execution under UPC rules, emphasizing that mere allegations of error are not enough.
ILME GmbH Elektrotechnische Handelsgesellschaft v.PHOENIX CONTACT GmbH & Co. KG
This UPC appellate case involved ILME appealing a rejection of its opposition against an infringement suit brought by PHOENIX regarding EP 3 602 692. However, before the appeal could be decided on merits, the parties reached an out-of-court settlement, leading to the withdrawal and termination of the original infringement proceedings. The UPC Appeals Board subsequently dismissed ILME's appeal under Rule 360 because the underlying dispute had become moot.
Nokia Technologies Oy v.Amazon Europe Core S.à r.l.
This UPC Court of Appeal decision addressed an appeal filed by Nokia Technologies Oy against a preliminary procedural order issued in the main infringement case involving Amazon. The core issue was whether the appeal remained viable after the parties reached an out-of-court settlement and subsequently withdrew the original patent infringement claim. The court determined that because the underlying dispute had been resolved, the appeal itself became moot. This ruling reinforces the principle of procedural efficiency within the UPC system, confirming that appeals must be dismissed when the subject matter they address is no longer legally relevant.
Scandit AG v.Hand Held Products, Inc.
In this UPC decision, the Board of Appeal allowed Scandit AG to withdraw its application for an interim injunction against Hand Held Products, Inc., concerning patent EP 3 866 051. The withdrawal was mutually agreed upon by both parties and permitted under Rule 265.1 VerfO. This case highlights the procedural flexibility within the UPC framework, allowing parties to terminate proceedings amicably before a final judgment is reached.
biolitec Holding GmbH & Co. KG v.S.I.A. LIGHTGUIDE International, Light Guide Optics Germany GmbH
This UPC case focused on procedural jurisdiction and admissibility rather than the merits of infringement. The claimant, biolitec Holding GmbH & Co. KG, filed an infringement suit in Munich against S.I.A. LIGHTGUIDE International and Light Guide Optics Germany GmbH regarding patent EP 3 685 783. The respondents argued that the case was inadmissible because a similar action was pending elsewhere under Article 33(2) EPC. The court ruled in favor of the claimant, confirming Munich's jurisdiction by clarifying that an appeal does not constitute a 'case pending before another local chamber.'
Scandit AG v.Hand Held Products, Inc.
This UPC case involved a procedural application by Scandit AG requesting the court to mandate simultaneous interpretation for its upcoming oral hearing, switching from German to English. The Berichterstatter ultimately denied the request, emphasizing that since Scandit had filed its initial pleadings in German, it bore the responsibility of managing language requirements. Practitioners should note that courts are reluctant to impose mandatory translation services if a party has already chosen or could have chosen the procedural language.
Scandit AG v.Hand Held Products, Inc.
This UPC appellate decision addressed a procedural motion filed by Scandit AG seeking permission to submit a reply brief in an ongoing infringement appeal against Hand Held Products, Inc. The court ultimately denied the request, reinforcing strict adherence to the rules governing written submissions in the appellate phase. The ruling underscores the importance of 'front-loaded' arguments and efficiency in UPC proceedings, preventing parties from introducing new substantive points late in the process.
Edwards Lifesciences Corporation v.Meril GmbH / Meril Life Sciences Pvt Ltd.
This UPC appellate decision focused solely on the allocation of legal costs following an initial case where the defendant submitted a declaration of cessation and undertaking. The court affirmed that while such declarations often favor the claimant, Meril was ultimately held liable for the appeal costs due to its procedural conduct in the first instance. This ruling reinforces the principle that cost allocation under Art. 69 EPGÜ considers not only the final outcome but also the degree of success or failure throughout the proceedings.
Apple Retail France EURL, Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple Distribution International Ltd. v.Ona Patents SL
This UPC Court of Appeal decision addresses a procedural motion regarding the timing of written submissions in an ongoing patent dispute involving Apple and Ona Patents SL. The court strictly interpreted the Rules of Procedure, holding that requests for further pleadings must be filed before the rapporteur concludes the written phase and schedules the oral hearing. Consequently, the appellants' late submission was rejected, allowing the case to proceed as planned.
NanoString Technologies Inc. v.10x Genomics, Inc.
This UPC Court of Appeal decision addresses a procedural correction in an ongoing provisional measures case involving NanoString Technologies and 10x Genomics concerning EP 4108782. The core ruling clarifies the established principles for interpreting European patent claims under Article 69 EPC. It emphasizes that interpretation must be holistic, considering the description and drawings alongside the literal claim language to ensure a balanced outcome between inventor protection and third-party certainty.
10x Genomics, Inc. v.NanoString Technologies Inc.
This UPC Court of Appeal decision addressed a request to suspend infringement proceedings due to the insolvency filing (Chapter 11) of one of the defendants. The court rejected the suspension request, establishing a key principle that procedural efficiency and fairness outweigh automatic suspension when the bankruptcy occurs after the oral hearing and the case is ready for judgment. This ruling provides clarity on how UPC procedures interact with foreign insolvency laws.
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