Zweiter Spruchk
6 IP cases indexed. Covers patent matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
Seoul Viosys Co., Ltd. v.Respondent
The Court of Appeal issued an order disregarding a post-hearing brief filed by Seoul Viosys Co., Ltd. following the oral hearing of July 11, 2025. The court held that under Rule 36 of the Rules of Procedure, there is no basis for filing further pleadings after the close of written proceedings without prior court approval, and this applies even more so after the oral hearing when the case is ready for decision. The court further held that there is no need to respond in writing to the court's introduction after the oral hearing, as any such response should have been made during the hearing itself.
STÄUBLI TEC-SYSTEMS GMBH v.Respondents
This appeal concerned the allocation of costs in a revocation action before the Unified Patent Court after the former patent proprietors waived the patent in suit (EP 3 170 639). Stäubli Tec-Systems GmbH had filed a revocation action against the patent proprietors, who subsequently waived the patent. The Court of Appeal addressed whether an exception to the general 'loser pays' rule under Article 69(1) EPGÜ applies when a patent proprietor waives the patent at the outset of revocation proceedings without having provoked the action.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Respondent
This is an order from the Court of Appeal concerning an application by SharkNinja to admit new evidence (FBD 29) consisting of two annexes to a brief filed by Dyson's representative in a parallel US proceeding. SharkNinja argued the evidence was relevant to the appeal because it contained Dyson's interpretation of the patent feature regarding an elongate handle, which could undermine Dyson's contradictory denial of disclosure of the 'Power Source' feature in the present proceedings. Dyson opposed the application, arguing the evidence was not decisive and that the submission was culpably delayed.
Mammut Sports Group AG, Mammut Sports Group GmbH v.Ortovox Sportartikel GmbH
This case concerns an appeal before the Court of Appeal regarding the review of an order for interim measures in a patent dispute between Mammut Sports Group entities (based in Switzerland and Germany) and Ortovox Sportartikel GmbH (based in Germany). The appeal raised multiple procedural and substantive issues, including the scope of appellate review in interim measure proceedings, the clarity required for appeal grounds, the treatment of late submissions, the assessment of urgency and waiting periods under Rule 211.4, and the applicability of Rule 263 to applications for interim orders. The Court of Appeal issued headnotes establishing important legal principles on these matters, while the full operative provisions of the order were not fully available in the provided text.
Apple Retail France EURL, Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple Distribution International Ltd. v.Respondent
This procedural order from the Court of Appeal concerns an appeal by several Apple entities against an order of the President of the Court of First Instance (Local Division Düsseldorf) dated June 18, 2024, which rejected a request to change the language of proceedings to the language in which European Patent EP 2 263 098 was granted. The order addresses a Rule 36 application filed by the respondent Ona Patents SL, seeking to disregard the appellants' reply filed on August 15, 2024, or alternatively to be granted an extension to respond. The court reasoned that under Rule 239.2 RoP, the written procedure in appeal proceedings is concluded when the judge summons the parties to oral hearing, and any Rule 36 request for further submissions must be filed before that date.
10x Genomics, Inc., President and Fellows of Harvard College v.Respondent
The Court of Appeal of the Unified Patent Court issued an order concerning an application for re-trial (Wiederaufnahme des Verfahrens) filed by 10x Genomics and Harvard College against NanoString Technologies. The re-trial application challenged the Court of Appeal's earlier order of February 26, 2024, which had overturned a first-instance interim injunction in favor of 10x and ordered 10x to bear the costs. The application alleged fundamental procedural errors, including violation of the right to be heard and Article 6 ECHR. The Court of Appeal addressed key principles regarding the interpretation of its own reasoning, the non-reviewability of evidentiary assessment in re-trial proceedings, and the legal basis for cost allocation in summary proceedings.
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