European UPC Patent Cases
1,592 decisions indexed
Page 28 of 54 · 1,592 total
EOFLOW Co., Ltd. v.Insulet Corporation
This UPC Court of Appeal decision concerns a procedural matter: the withdrawal of an application for leave to appeal. EOFlow Co., Ltd. sought to withdraw its appeal against a cost decision issued by the Court of First Instance, and Insulet Corporation agreed to this withdrawal. The Court granted the request, confirming that parties can withdraw their actions under Rule 265 RoP when no final judgment has been rendered in the main case.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
In a procedural order, the UPC Local Division Mannheim separated the infringement proceedings related to the UK national part of EP 3 511 174. This decision was necessitated by an outstanding ECJ ruling concerning international jurisdiction under the Brussels Ia Regulation. The court aimed to prevent undue delay in enforcement while ensuring all parties had a fair opportunity to comment on the pending European law question.
Fujifilm Corporation v.Kodak GmbH, Kodak Holding GmbH, Kodak Graphic Communications GmbH
Fujifilm sued Kodak entities for infringing EP 3 476 616, a patent covering lithographic printing plate technology. However, the UPC Local Division in Mannheim delivered a decisive ruling, entirely revoking the patent within Germany. Consequently, the infringement action was dismissed. This case highlights the critical importance of patent validity challenges and the strict procedural requirements for limited defenses under the UPCA.
Corning Incorporated v.Hisense Gorenje Germany GmbH, Hisense Europe Holding GmbH, TCL Deutschland GmbH & Co. KG, TCL Deutschland Verwaltungs GmbH, TCL Operations Polska, Sp. z o.o., TCL Belgium, SA, LG Electronics Deutschland GmbH, LG Electronics European Shared Service Center B.V, LG Electronics European Holding B.V.
In this procedural order, the UPC Local Division Mannheim rejected the defendants' multiple applications to stay infringement proceedings related to EP 3 296 274. The defendants, representing major electronics groups (Hisense, TCL, LG), argued that joining cases was necessary for a fair trial and due to difficulties in serving parties in China/Hong Kong. The Court dismissed these arguments, emphasizing the lack of an obligation to sue all suppliers jointly. Furthermore, the court issued a procedural order mandating that all parties consolidate their filings into a single workflow to prevent unnecessary delays and administrative burden.
Fujifilm Corporation v.Kodak Graphic Communications GmbH, Kodak Holding GmbH, Kodak GmbH
Fujifilm successfully sued Kodak entities for infringing EP 3 511 174 B1, a patent covering lithographic printing plate technology. The UPC Local Division in Mannheim found infringement, leading to significant remedies including the mandatory destruction and recall of the contested products (SONORA XTRA-3). Although the defendants' counterclaim for revocation was dismissed, the case highlights the court's willingness to grant strong injunctive relief against infringing parties.
BioMarin Pharmaceutical Inc. v.Ascendis Pharma A/S; Ascendis Pharma Growth Disorders A/S
In this procedural order, the UPC Local Division Munich rejected the preliminary objection raised by Ascendis Pharma against BioMarin Pharmaceutical Inc.'s infringement action concerning European patent EP 3 175 863. The Court ruled that BioMarin had adequately established jurisdiction and competence by demonstrating alleged infringing acts within Germany. Consequently, the proceedings will continue to the main substantive phase, where the legal characterization of the disputed acts will be examined.
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co., Ltd.; Astronergy Europe GmbH; Astronergy GmbH; Astronergy Solarmodule GmbH; Astronergy Solar Netherlands B.V.; Chint Solar Netherlands B.V.
In this procedural order, the UPC Hamburg Local Division addressed a request by multiple defendants to compel the Chinese claimant, JingAo Solar Co., Ltd., to provide security for costs. The Court rejected the motion, emphasizing that nationality or domicile alone cannot justify such an order. The ruling reinforces the principle that parties must present concrete evidence of enforcement difficulties rather than relying on general assumptions about foreign judgment recognition.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
In a procedural order concerning EP 3 476 616, the UPC Local Division Mannheim separated the infringement proceedings related to the UK national part. This decision was driven by the pending ECJ ruling (C-339/22) on international jurisdiction under Brussels Ia Regulation. The court aimed to balance the need for timely enforcement of patent rights against the necessity of properly addressing a fundamental question of European law, ensuring both parties have an opportunity to comment on the ECJ's decision.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
In a procedural application concerning an infringement action, the UPC Central Division addressed Microsoft Corporation's request for a decision by default against it. Although Microsoft failed to provide security for costs as required, the Court exercised its discretion and rejected the application. The ruling emphasizes that while rules allow for default judgments, the court must ensure sufficient evidentiary certainty exists before proceeding, thereby prioritizing substantive fairness over strict procedural adherence.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
Fujifilm successfully sued Kodak entities for infringing a patent related to lithographic printing plates in the UPC Local Division Mannheim. The court found infringement, leading to significant remedies including mandatory destruction and recall of the contested products. While Fujifilm's counterclaim for revocation was dismissed, the defendants were ordered to pay an interim award for legal costs, marking a decisive victory for the claimant.
Headwater Research LLC v.Samsung Electronics GmbH, Samsung Electronics France S.A.S, Samsung Electronics Co. Ltd.
This procedural order in the UPC Local Division Munich addressed requests for extensions and case management adjustments in a patent infringement action involving Headwater Research LLC and Samsung Electronics. The court granted the requested extension, allowing Samsung more time to respond to key applications concerning claim amendments and case review. This decision highlights the Court's role in managing complex litigation timelines while also issuing guidance on efficient procedural practice.
Amycel LLC v.-
This UPC CFI decision addressed an application for re-establishment of rights (R.320) filed by the Defendant after missing the deadline to file a Statement of Defence in an infringement action. The court rejected the request, finding that the representative failed to demonstrate 'all due care' despite his illness. This ruling underscores the strict adherence required to procedural deadlines within the UPC framework.
NJOY Netherlands B.V. v.VMR Products LLC
This case involved an appeal by NJOY Netherlands B.V. challenging a decision from the Court of First Instance regarding the revocation of EP 2 875 740. The core issue was not the patent's validity, but procedural compliance. NJOY failed to pay the court fees for the appeal and subsequently waived its right to be heard on this point. Consequently, the Court of Appeal dismissed the entire appeal by default under Rule 229.4 RoP.
Amycel LLC v.E
This UPC decision addresses a procedural application for re-establishment of rights (R.320). The Defendant sought to reinstate the deadline to file its Statement of Defence due to illness. However, the Court rejected this request, finding that the representative failed to exercise all due care in managing the filing process. This rejection means the infringement action will proceed to a decision by default against the Defendant.
MANN+HUMMEL GmbH v.SOTRAS - S.R.L.
In this UPC case concerning EP 2 762 219, MANN+HUMMEL GmbH sought interim measures against SOTRAS - S.R.L. However, the parties reached an out-of-court settlement, leading to a request for withdrawal of the application. The Local Division allowed the withdrawal, confirming that no legitimate interest was shown by the respondent in having the case decided. Although the main action was dropped, MANN+HUMMEL successfully secured a refund of 60% of its court fees.
TOTAL SEMICONDUCTOR, LLC v.Texas Instruments Incorporation; Texas Instruments Deutschland GmbH; Texas Instruments EMEA Sales GmbH
In this procedural order from the Mannheim Local Division, TOTAL SEMICONDUCTOR, LLC sought permission to file a further written submission, arguing that Defendants had raised complex and new technical points. The Court denied the request, emphasizing that parties must provide detailed substantiation when requesting deviations from the standard written procedure framework (R. 12 RoP). This decision reinforces the need for precision in procedural filings within the UPC.
JingAo Solar Co., Ltd. v.Chint New Energy Technology Co., Ltd.; Astronergy Europe GmbH; Astronergy GmbH; Astronergy Solarmodule GmbH; Astronergy Solar Netherlands B.V.; Chint Solar Netherlands B.V.
This UPC decision addressed a critical procedural issue regarding the synchronization of proceedings between the Unified Patent Court and the European Patent Office. The claimant successfully sought permission to amend its infringement claims, incorporating changes made during EPO opposition proceedings and introducing a newly discovered infringing product. The court emphasized that true synchronization requires the ability to translate EPO amendments into actionable claim versions within the UPC action, setting important procedural boundaries for patent litigation practitioners.
Scandit AG v.Hand Held Products, Inc.
In this UPC decision, the Board of Appeal allowed Scandit AG to withdraw its application for an interim injunction against Hand Held Products, Inc., concerning patent EP 3 866 051. The withdrawal was mutually agreed upon by both parties and permitted under Rule 265.1 VerfO. This case highlights the procedural flexibility within the UPC framework, allowing parties to terminate proceedings amicably before a final judgment is reached.
Bayerische Motoren Werke Aktiengesellschaft v.ITCiCo Spain S.L.
This UPC decision addresses procedural applications concerning rectification and cost allocation following a decision by default. The court established strict criteria for rectifying judicial orders, emphasizing that such corrections must be limited to clear clerical errors or obvious slips, not substantive omissions like the failure to address costs. Furthermore, the panel ruled that an application to set aside a decision by default is an internal procedural remedy and does not require its own merits-based cost determination. The costs incurred in this phase must instead be assessed within the main proceedings.
ILME GmbH Elektronische Handelsgesellschaft v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
This UPC appeal case involved ILME GmbH seeking to suspend the main infringement and revocation proceedings before the Local Division Munich while its preliminary objection regarding the jurisdiction of the Unified Patent Court was being heard on appeal. The court ultimately denied this request, emphasizing the need for procedural efficiency and timely resolution. This decision reinforces the principle that jurisdictional challenges should be addressed within the UPC framework without unduly delaying substantive litigation.
ILME GmbH Elektronische Handelsgesellschaft v.PHOENIX CONTACT GmbH & Co. KG
This decision from the UPC Court of Appeal concerns a procedural motion regarding deadlines in an appeal case involving ILME and Phoenix Contact, concerning patent EP 3 646 825. The court was asked to grant a three-week extension for one party's reply brief. Ultimately, the court granted only a minimal three-day extension, emphasizing the need for efficient proceedings while maintaining procedural balance.
DISH Technologies L.L.C. v.Cloudflare Inc.
This decision from the Mannheim Local Court addresses a procedural motion regarding information disclosure (Rule 191(2) EPC). The claimants sought to have the court determine if certain requested information was non-essential before proceeding with the disclosure request. The UPC ruled that while this preliminary determination is inadmissible, the disclosure request itself can be made conditionally, pending the outcome of the main infringement case. This ruling emphasizes procedural flexibility in balancing discovery needs against third-party rights.
OTEC Präzisionsfinish GmbH v.STEROS GPA INNOVATIVE S.L.
OTEC Präzisionsfinish GmbH sought an urgent inspection and evidence preservation order against STEROS GPA INNOVATIVE S.L. ahead of a main infringement lawsuit concerning its patent on surface treatment processes. The claimant argued that the respondent's specialized sales channels made it nearly impossible to obtain products for testing, thus preventing verification of alleged infringements. However, the Düsseldorf Local Chamber ultimately rejected the application, emphasizing procedural requirements and setting strict deadlines for filing the main action.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This decision addressed an application for access to court files (Rule 262) within a complex UPC infringement case. The Court acknowledged the general public interest in observing proceedings but prioritized protecting sensitive information and mitigating technical risks associated with the CMS workflow system. Consequently, it granted limited access to redacted versions of documents, setting a precedent for balancing transparency against confidentiality in high-stakes UPC litigation.
Stäubli Tec-Systems GmbH v.ehemalige Patentinhaber
This UPC appellate decision addresses a complex issue regarding cost allocation in patent litigation where one party initiates an invalidity action and the other subsequently waives their rights to the patent. The court ruled that equitable considerations can override strict procedural requirements concerning the timing of a waiver and revocation request under Art. 105a EPC. This provides significant relief for patentees who may have delayed formalizing their withdrawal due to complex legal circumstances.
Nichia Corporation v.Endrich Bauelemente Vertriebs GmbH
This UPC decision confirms the settlement reached between Nichia Corporation and Endrich Bauelemente Vertriebs GmbH regarding infringement of EP 2 323 178 B1. Although the case was settled, the court provided specific procedural rulings, including setting the value of the infringement claim at EUR 1 million. The ruling also mandated a partial refund of court fees for the claimant, highlighting the procedural benefits available when disputes are resolved amicably.
Nokia Technologies Oy v.Amazon Europe Core S.à.r.l.; Amazon EU S.à r.l.; Amazon.com, Inc.
This UPC Appeals Board decision addressed a procedural motion filed by Amazon, which sought an extension to submit written arguments regarding license agreements and expert opinions just days before the oral hearing. The court rejected the request, emphasizing that the established procedure of the Unified Patent Court (UPC) prioritizes efficiency and fairness. The ruling reinforces the strict adherence to the timeline of the appellate process, ensuring both parties have equal opportunity to present their case during the scheduled hearings.
TIRU v.VALINEA ENERGIE
This UPC decision addressed a challenge by VALINEA ENERGIE against an ex-parte evidence preservation order granted to TIRU regarding the patent EP3178578. VALINEA argued that TIRU breached its duty of loyalty and that the request was untimely, suggesting prior knowledge of the patented technology. The Court rejected these arguments, affirming that TIRU's urgency justified the initial ex-parte measure. Furthermore, the court denied VALINEA's attempt to increase the required security deposit.
TIRU v.MAGUIN SAS
This UPC decision addressed a challenge to ex parte evidence preservation orders granted by the Paris Local Division. TIRU sought seizure and site inspections against MAGUIN regarding alleged infringement of its waste incineration patent (EP3178578). MAGUIN challenged these measures, arguing lack of urgency and bad faith on TIRU's part. The court ultimately rejected MAGUIN’s request, affirming that the initial urgent measures were justified given the competitive market environment.
Hand Held Products, Inc. v.Scandit AG
This UPC decision confirms the termination of a patent infringement and revocation counterclaim between Hand Held Products, Inc. and Scandit AG following an out-of-court settlement. The claimant successfully withdrew its infringement suit, while the respondents consented to dropping their revocation counterclaim. Crucially, the court formalized the cost allocation, ordering both parties to receive a 60% refund of their respective legal fees.
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