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 EP 3 083 107 B1 before the Central Division Paris. Nanoval objected under Rule 19 RoP, arguing that ALD France was a 'straw man' for its parent company (ALD Vacuum Technologies GmbH), which was already a party in parallel infringement and nullity counterclaim proceedings before the Munich Local Division, rendering the action abusive and creating lis pendens. The court confirmed the order rejecting the objection, holding that ALD France's independent business activity made it a separate party from its parent, and that related companies are not 'the same party' under Art. 33(4) UPCA merely because of a parent-subsidiary relationship.
Tridonic GmbH & Co. KG v.Inventronics GmbH
Procedural order from the Local Chamber Düsseldorf concerning European Patent No. EP 2 011 218 B1 in an infringement action. In light of ongoing settlement discussions, the court granted a joint request by both parties to stay the proceedings until resumption upon request of one of the parties, pursuant to Rules 295(d) and 296.2 of the Rules of Procedure.
Koninklijke Philips N.V. v.Belkin International, Inc., Belkin GmbH, and Belkin Limited
This case concerns an application by Koninklijke Philips N.V. for the imposition of a coercive fine (Zwangsgeld) against the Belkin entities for non-compliance with an information order (Auskunft) issued in a main infringement decision dated September 13, 2024, regarding EP 2 867 997 B1. The Local Chamber Munich held that while the defendants were not required to provide the information in electronic form (since this was not specifically requested), they had provided incomplete information. A total coercive fine of €46,000 was imposed, and appeal was admitted.
Tiroler Rohre GmbH v.SSAB Swedish Steel GmbH & SSAB Europe Oy
This case before the Local Chamber Munich concerned an application for provisional measures filed by Tiroler Rohre GmbH regarding EP 2 839 083 against SSAB Swedish Steel GmbH and SSAB Europe Oy. After the oral hearing where the court indicated concerns about granting the order, the applicant withdrew the application. The court permitted the withdrawal, declared the proceedings terminated, and ordered the applicant to bear all procedural costs including the costs of the protective letter filed by the defendants.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics AG, Advanced Bionics GmbH, Advanced Bionics Sarl
The Local Chamber Mannheim of the Unified Patent Court ordered the referral of a counterclaim for revocation and the corresponding patent amendment request to the Central Chamber Paris. The court reasoned that since nearly all attacks against the patent in suit (EP 4 074 373) were already being pursued in a prior central revocation action filed by the first defendant, efficiency considerations favored having the Central Chamber decide on the counterclaim as well. The defendants' objections regarding the risk of divergent decisions, change of language, and the advanced stage of the central proceedings were rejected.
Tesla Germany GmbH & Tesla Manufacturing Brandenburg SE v.Avago Technologies International Sales Pte. Limited
This is a procedural order from the Local Chamber Munich concerning European Patent 1 838 002, in which the defendants (Tesla entities) sought confidentiality protection under Rule 262A for group-internal information contained in a late-filed written submission. The court granted the request, finding that while overall Tesla production figures and sales prices are publicly known, the specific numbers and average sales prices underlying the defendants' application were not publicly accessible. The plaintiff was restricted to disclosing the protected information only to specifically named employees, with potential penalties of up to EUR 250,000 per violation.
Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE v.Avago Technologies International Sales Pte. Limited
This is a procedural order from the Local Chamber Munich concerning a request for confidentiality protection (Rule 262A) filed by the defendants (Tesla entities) in a patent infringement dispute involving European Patent 1 838 002. The defendants sought protection for confidential business information contained in a late-filed submission, including vehicle numbers, sales prices, and financial calculations. The court granted the confidentiality protection, finding the information was credibly not publicly available, while allowing the plaintiff access through a limited number of named representatives.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE
Unified Patent Court decision.
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