vorsitzender Richter
8 IP cases indexed. Covers patent matters.
Cases Presided Over
8 cases indexed | Page 1 of 1
ALD France S.A.S v.Nanoval GmbH & Co. KG
This case concerns a nullity action filed by ALD France S.A.S against Nanoval GmbH & Co. KG regarding European Patent EP 3 083 107 B1. Nanoval had previously filed an infringement action against ALD France's parent company (ALD Vacuum Technologies GmbH) at the Munich Local Division, where the parent had already filed a nullity counterclaim. Nanoval objected under Rule 19 of the Rules of Procedure, arguing that ALD France lacked a separate interest in filing its own nullity action. The court held that a subsidiary's own business activity establishes an independent interest in filing a nullity action, and that related companies are not automatically the 'same party' under Article 33(4) sentence 2 of the EPG Agreement merely because one is the parent of the other.
Tridonic GmbH & Co. KG v.Inventronics GmbH
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent No. EP 2 011 218 B1. The plaintiff, Tridonic GmbH & Co KG (Austria), filed an infringement action against the defendant, Inventronics GmbH (Germany). On the joint request of both parties, the court ordered the suspension of proceedings under Rules 295(d) and 296.2 of the Rules of Procedure due to ongoing settlement discussions.
Koninklijke Philips N.V. v.Respondent
This order concerns enforcement proceedings following a main decision of September 13, 2024, in which the Local Chamber Munich found the Belkin defendants liable for patent infringement of EP 2 867 997 B1 and ordered them to provide information under Article 67 EPGÜ. The court addressed two key issues: whether the claimant's request for information in electronic form was sufficiently specific, and the nature of coercive penalties under Article 82 EPGÜ. The court held that electronic form must be specifically requested, and that coercive penalties serve both coercive and punitive functions.
Tiroler Rohre GmbH v.Respondent
The Local Chamber Munich addressed the procedural consequences following the withdrawal of an application for interim measures concerning European Patent EP 2 839 083. After the applicant withdrew its request following the oral hearing, the defendants argued they had a legitimate interest in a substantive decision due to defense costs and the imminent filing of a main action. The court held that no legitimate interest existed for a decision after withdrawal, as such a decision would have no res judicata effect and could not prevent new proceedings.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics GmbH, Advanced Bionics Sarl , Advanced Bionics AG
This procedural order from the Local Chamber Mannheim concerns the referral of a counterclaim for revocation of European Patent EP 4 074 373 to the Central Chamber Paris. The plaintiff MED-EL filed an infringement action against three Advanced Bionics entities, and defendants 2 and 3 counterclaimed for revocation. Because nearly identical revocation attacks were already pending before the Central Chamber Paris (filed earlier by Defendant 1), the Local Chamber exercised its discretion under Article 33(3)(b) of the UPC Agreement to refer the counterclaim to the Central Chamber for consolidated proceedings.
Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE v.Avago Technologies International Sales Pte. Limited
This procedural order concerns a request by the defendants (Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE) for confidentiality protection under Rule 262A of the Rules of Procedure for information contained in a written submission filed outside the regular deadline regime on May 24, 2024. The plaintiff (Avago Technologies International Sales Pte. Limited) left the decision to the court's discretion but argued that the information may not be confidential since Tesla's sales prices and vehicle production figures are publicly available. The Local Chamber Munich granted the confidentiality protection, finding it credible that the requested information is not publicly accessible.
Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE v.Avago Technologies International Sales Pte. Limited
This is a procedural order issued by the Local Chamber Munich in a patent infringement action concerning European Patent 1 838 002. The defendants (Tesla entities) had filed a written submission outside the regular deadline regime and sought confidentiality protection under Rule 262A of the applicable procedural rules for certain commercially sensitive information contained therein. The court granted the confidentiality protection, finding it credible that the requested information was not publicly accessible, and imposed restrictions on the plaintiff's internal access to the designated information.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE
This procedural order concerns a request by the defendants (Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE) under Rule 190.1 of the Rules of Procedure for the production of corporate documents from the plaintiff (Avago Technologies International Sales Pte. Limited). The defendants sought the disclosure of Board of Directors resolutions of Avago group entities referenced in the power of attorney documents (Annexes K29 and K30), arguing doubts existed regarding the validity of the powers of attorney and the authorization for the transfer of the patent-in-suit. The plaintiff opposed the request, contending that the defendants' concerns had shifted from the admissibility of self-dealing transactions to internal corporate decision-making, and that there were no doubts that such decision-making had occurred.
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