Zweiter Spruchk
7 IP cases indexed. Covers patent matters.
Cases Presided Over
7 cases indexed | Page 1 of 1
Seoul Viosys Co., Ltd. v.expert klein GmbH & expert e-Commerce GmbH
The Court of Appeal of the Unified Patent Court issued an order on August 21, 2025, disregarding a post-hearing submission filed by Seoul Viosys Co., Ltd. after the oral hearing of July 11, 2025. Viosys had submitted a Rule 9 filing along with a post-hearing brief summarizing its arguments in response to the court's introduction. The court held that under Rule 36 RoP, further submissions require prior court approval and are not permitted after the oral hearing, when the case is ready for decision.
Stäubli Tec-Systems GmbH v.Former Patent Proprietors (EP 3 170 639)
Stäubli Tec-Systems GmbH filed a revocation action against European Patent EP 3 170 639 at the Central Division Paris. The former patent proprietors immediately acknowledged the revocation and surrendered the patent ex tunc. The Court of First Instance ordered Stäubli to bear the costs, finding that Stäubli introduced new prior art for the first time in the revocation action without prior warning. On appeal, the Court of Appeal dismissed Stäubli's appeal, confirming that Stäubli must bear the costs of both the first instance and appeal proceedings.
SharkNinja Europe Limited & SharkNinja Germany GmbH v.Dyson Technology Limited
The Court of Appeal of the Unified Patent Court dismissed SharkNinja's application to introduce new evidence (FBD 29) in appeal proceedings concerning EP 2 043 492. The evidence consisted of annexes to a brief filed by Dyson's representative in US proceedings, which SharkNinja argued was relevant to show contradictory positions taken by Dyson regarding claim interpretation. The court held that SharkNinja failed to convincingly demonstrate the relevance of the new evidence and that submissions in other proceedings do not render a party's positions in the present case contradictory.
Mammut Sports Group AG and Mammut Sports Group GmbH v.Ortovox Sportartikel GmbH
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning the confirmation of an ex parte interim injunction in favor of Ortovox against Mammut for alleged infringement of European Patent EP 3 466 498, which relates to avalanche victim search devices. The Court of Appeal rejected Mammut's appeal, finding that Ortovox had not engaged in unreasonable delay in seeking interim measures and that the requirements for provisional relief were met. Mammut was ordered to bear the costs of the appeal proceedings and to pay additional provisional costs of €19,858.40.
Mammut Sports Group AG & Mammut Sports Group GmbH v.Ortovox Sportartikel GmbH
This is an appeal decision from the Court of Appeal of the Unified Patent Court concerning European Patent EP 3 466 498, which relates to avalanche victim search devices (LVS-Geräte). Ortovox had obtained an ex parte interim injunction against Mammut before the Local Division Düsseldorf, which was confirmed on review. Mammut appealed the confirmation, and the Court of Appeal dismissed the appeal, finding that Mammut had waited too long before seeking review and that the interim measures were justified. Mammut was ordered to bear the costs of the appeal proceedings and pay additional provisional costs of €19,858.40.
Apple Retail Germany B.V. & Co. KG and Others v.Ona Patents SL
This is a procedural order from the Court of Appeal of the Unified Patent Court concerning EP 2 263 098. The Apple entities appealed an order of the President of the Court of First Instance (Local Division Düsseldorf) rejecting their application to change the language of proceedings. The Court of Appeal rejected the Appellants' further submission filed on August 15, 2024, because the Rule 36 application seeking leave to file additional pleadings was submitted after the interim proceedings had already been closed on August 13, 2024.
10x Genomics, Inc. and President and Fellows of Harvard College v.NanoString Technologies Inc., NanoString Technologies Germany GmbH, and NanoString Technologies Netherlands B.V.
The Court of Appeal of the Unified Patent Court rejected as inadmissible an application by 10x Genomics and Harvard College for re-examination of proceedings (Wiederaufnahme des Verfahrens) under R.245 RoP. The application sought to challenge the Court of Appeal's earlier decision overturning a preliminary injunction in favor of 10x regarding EP 4108782. The court held that the phrase indicating assessment by a technically qualified court did not constitute use of personal judicial opinion as evidence, and that the cost order in the interim proceedings had a proper legal basis under R.242.1 RoP.
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