Wiem Samoud
18 IP cases indexed. Covers patent matters.
Cases Presided Over
18 cases indexed | Page 1 of 1
VMR Products LLC v.NJOY Netherlands B.V.
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding EP 3 613 453. After the Boards of Appeal of the EPO revoked the patent during the appeal proceedings, VMR Products (the appellant/defendant) applied to withdraw its appeal, which NJOY (the respondent/claimant) consented to. The Court permitted the withdrawal, ordered VMR Products to bear the costs of the appeal proceedings, and granted a 20% refund of the appeal court fees under the version of R. 370.9(b)(iii) RoP applicable before 1 January 2026.
Juul Labs International, Inc. v.NJOY Netherlands B.V.
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding the revocation of European Patent EP 3 430 921. After the Central Division Paris revoked the patent and the EPO Boards of Appeal subsequently confirmed the revocation, Juul Labs applied to withdraw its appeal under R. 265 RoP, which NJOY consented to. The Court permitted the withdrawal, ordered Juul Labs to bear the costs of the appeal proceedings, and granted a 60% reimbursement of the appeal court fees under the pre-amendment R. 370.9(b) RoP.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
This case concerns an infringement action filed by Suinno Mobile & AI Technologies Licensing Oy against Microsoft Corporation regarding European patent EP 2 671 173, which relates to a system for mobile Internet browsing using location data. Microsoft Corporation filed a counterclaim for revocation, and Suinno applied to amend the patent in response. The Court addressed the procedural requirements and admissibility criteria for such amendment applications, distinguishing between objective requirements (filing deadline, inclusion of at least one amendment, use of the official language) and matters of judicial discretion (clarity, sufficiency of explanation, reasonableness of number of amendments).
VMR Products LLC v.NJOY Netherlands B.V.
VMR Products LLC, proprietor of European Patent EP 3 456 214 relating to a vaporizer (electronic cigarette), appealed a decision of the Paris Central Division that revoked the patent in its entirety for lack of inventive step. The Court of Appeal rejected the appeal, confirming that the patent's claims, including independent claim 1 and dependent claims, lack an inventive step over the prior art, particularly the Pan reference. VMR Products was ordered to bear the costs of the appeal proceedings.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
Microsoft Corporation applied for an order treating certain information as strictly confidential in proceedings concerning European patent EP 2 671 173. The information in question consisted of invoices from Microsoft's law firm detailing hours spent on the case and fees agreed upon. The respondent objected, arguing no specific reason for confidentiality was provided and that cost specifications could not be considered trade secrets or attorney-client privileged. The Court granted Microsoft's application, holding that such information qualifies as confidential under Rule 262A RoP and falls within the scope of attorney-client privilege under Rule 287 RoP.
NJOY Netherlands B.V. v.Respondent
NJOY Netherlands B.V. filed a revocation action against Juul Labs International Inc. regarding EP 3 504 991 before the Paris Central Division, which dismissed the action and ordered NJOY to bear the costs. NJOY appealed the cost decision, but subsequently applied to withdraw the appeal pursuant to R.265 RoP, with Juul Labs' consent. The Court of Appeal permitted the withdrawal, declared the proceedings closed, ordered each party to bear its own costs, and ordered reimbursement of 40% of the appeal court fees to NJOY.
Juul Labs, Inc. v.Respondent
In an appeal from a revocation action concerning EP 3 498 115, the Court of Appeal of the Unified Patent Court granted a stay of proceedings at the request of Juul Labs, with the agreement of NJOY. The stay was ordered pending the outcome of parallel opposition proceedings before the EPO Boards of Appeal, where oral proceedings had been scheduled for 17 October 2025. The court found that a decision from the Boards of Appeal could be expected rapidly relative to the possible date for an oral hearing before the Court of Appeal.
Juul Labs, Inc. v.Respondent
In an action for revocation, where both parties agreed to a stay, the appeal proceedings have been stayed pending the outcome of parallel opposition proceedings before the EPO Boards of Appeal, where the opposition proceedings could be expected to result in a final decision before or just after, in any case rapidly, in relation to the possible date for an oral hearing before the Court of Appeal.
Microsoft Corporation v.Respondent
This order concerns generic procedural applications filed by Microsoft Corporation, the defendant in an underlying infringement action brought by Suinno Mobile & AI Technologies Licensing Oy, seeking a decision by default against the claimant. Microsoft argued that Suinno failed to provide security for costs within the court-ordered time limit and that the facts justified dismissing the infringement action, dismissing the application to amend the patent, and revoking European patent EP 2 671 173 in its entirety. Suinno did not oppose a default decision against itself, instead seeking confirmation of the patent's validity, a finding of infringement, and payment of €2,000,000 under 'invoice 1331'. The Court addressed the legal framework for default decisions under Rule 355 of the Rules of Procedure.
Microsoft Corporation v.Respondent
Microsoft Corporation filed a procedural application seeking rejection of Suinno Mobile & AI Technologies Licensing Oy's infringement action as manifestly inadmissible, arguing that Suinno's appointed representative was ineligible because he held extensive administrative and financial powers within the company. The Court considered a prior Court of Appeal order confirming that natural persons with extensive administrative and financial powers within a legal person cannot serve as its representative before the UPC. The Court held that the lack of valid representation does not lead to inadmissibility of the action, but rather requires granting the affected party an opportunity to remedy the representation deficit.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This order was issued by the Court of First Instance in infringement proceedings concerning European patent EP 2 671 173, following a Court of Appeal determination that the claimant's appointed representative could not validly serve as a representative of the legal person due to holding extensive administrative and financial powers. The judge-rapporteur invited written submissions from the parties on the consequences of this inability to serve. The claimant requested that the representative be allowed to continue or, alternatively, be given time to correct the representation configuration, while the defendant sought rejection of the action as manifestly inadmissible and a default decision revoking the patent in the counterclaim proceedings.
Microsoft Corporation v.Respondent
Microsoft Corporation filed an application requesting that the respondent Suinno Mobile & AI Technologies Licensing Oy be ordered to provide additional security for legal costs in the proceedings concerning European patent EP 2 671 173. The respondent had already been ordered to provide security of EUR 300,000.00, and Microsoft sought an increase to at least EUR 500,000.00, or alternatively EUR 300,000.00. The respondent requested dismissal or, alternatively, significantly lower security amounts. The Court observed that the request, although framed as one for additional security, actually amounted to a request to modify the existing security by increasing its amount.
Suinno Mobile & AI Technologies Licensing Oy v.Respondent
The applicant, Suinno Mobile & AI Technologies Licensing Oy, sought review under Rule 333 RoP of an order granting security for costs of EUR 300,000.00 in its infringement action against Microsoft Corporation concerning European patent EP 2 671 173. The applicant requested reduction of the security to EUR 100,000.00, citing its subsequent application to reduce the damages claimed. The respondent argued the request was inadmissible and unfounded. The Court addressed the admissibility of the application, clarifying that incorrect citation of legal provisions does not prevent consideration of the motion, and that parties may apply to revoke or vary a security order when factual circumstances change.
Microsoft Corporation v.Respondent
This order concerns Microsoft Corporation's request for leave to appeal a prior order (ORD_62739/2024) that granted the respondent Suinno Mobile & AI Technologies Licensing Oy leave to reduce its damages claim to €2 million in an infringement action concerning European patent EP 2 671 173. Microsoft argued that leave to appeal would clarify the scope and limits of the Court's powers in interpreting a party's request under Article 76(1) UPCA and the admissible scope of an application under Rule 263 RoP. The Court addressed the legal framework for granting leave to appeal, noting it is an exception to the general principle that interlocutory orders may only be reviewed together with the appeal against the final decision.
Suinno Mobile & AI Technologies Licensing Oy v.Respondent
The applicant, Suinno Mobile & AI Technologies Licensing Oy, sought leave under Rule 263 of the Rules of Procedure to reduce the amount of damages sought in its infringement action against Microsoft Corporation concerning European patent EP 2 671 173 from the originally claimed sum to 2 million euros. Microsoft opposed the amendment, arguing it was a litigation tactic aimed at reducing the security for costs and did not fall within the scope of Rule 263. The Court held that the reduction of damages sought constitutes a limitation of the claim under Rule 263(3), and since it was filed with due explanation and unconditionally, leave to amend must be granted.
Microsoft Corporation v.Respondent
Microsoft Corporation, as defendant in a main infringement action concerning European patent EP 2 671 173, applied for an order requiring the respondent Suinno Mobile & AI Technologies Licensing Oy to provide security for legal costs of at least EUR 800,000 (alternatively EUR 600,000), citing the respondent's alleged insolvency risk and lack of substantial assets. The respondent opposed the application and requested reciprocal security if any security order were granted. The Court analyzed the legal basis under Article 69(4) UPCA and Rule 158(1) RoP, confirming its discretion to order security for costs when the respondent's financial position raises a legitimate concern that a costs order may not be recoverable or enforceable.
Microsoft Corporation v.Respondent
This case concerns an application by Microsoft Corporation for review and setting aside of an order restricting access to documents deemed business secrets in an infringement action concerning European patent EP 2 671 173. The respondent, Suinno Mobile & AI Technologies Licensing Oy, had successfully obtained a confidentiality order under Rule 262A of the Rules of Procedure, limiting access to certain Microsoft attorneys and directors. Microsoft filed alternative requests including dismissal of the Rule 262A application, a preliminary ruling from the Court of Justice of the European Union on representative independence requirements, amendment of the access list, and leave to appeal. The available text of the order is incomplete and does not contain the panel's full reasoning or operative ruling.
Institute of Professional Representatives before the European Patent Office v.Respondent
The Institute of Professional Representatives before the European Patent Office (epi) applied under Rule 262(1)(b) of the Rules of Procedure for access to the written pleadings and evidence in proceedings between Suinno Mobile & AI Technologies Licensing Oy and Microsoft Corporation concerning European patent EP 2 671 173. Neither respondent opposed the request, with Suinno limiting its objection to confidential portions and Microsoft leaving the decision to the Court's discretion. The Presiding Judge held that the interest in ensuring impartial and independent proceedings without external interference prevails over the interest in file access where the matter concerns a purely legal and general issue, and that such access can be satisfied through the written pleadings and evidence already available.
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