Vorsitzende Richterin Patricia Rombach
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Hefei Xinhu Canned Motor Pump Co., Ltd v.Grundfos Holding A/S
This is an order from the Court of Appeal concerning security for costs (Prozesskostensicherheit) under Article 69(4) EPGÜ and Rule 158 of the Rules of Procedure. The court held that security for costs can only be ordered against the applicant (the party initiating the proceedings), not in their favor. In appeal proceedings, only the respondent on appeal may request security for costs, as the appellant is the party who initiates the appeal. The case involves an appeal by Hefei Xinhu Canned Motor Pump Co., Ltd against a first instance decision of the Local Division Düsseldorf finding patent infringement of EP 2 778 423.
Chainzone Technology (Foshan) Co., Ltd. v.SWARCO Futurit Verkehrssignalsysteme GmbH
The Court of Appeal addressed whether to admit the withdrawal of an appeal by the defendant-appellant Strabag following an out-of-court settlement with the plaintiff Swarco, and whether the separate appeal filed by the intervener Chainzone (which supported Strabag) became moot as a result. The Court held that the withdrawal of Strabag's appeal was admissible and that Chainzone's appeal became moot under Rule 360 RoP, because the intervener cannot maintain an independent position contradicting the supported party. The Court further ruled that Chainzone should generally be treated like Strabag regarding costs.
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