European UPC Patent Cases
1,878 decisions indexed
Page 43 of 63 · 1,878 total
Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
This is a procedural order issued by the Local Division Munich in an infringement action concerning European Patent No. 3 215 288. The order reschedules the interim hearing (Zwischenanhörung) from May 23, 2025 to May 28, 2025 due to a scheduling conflict, while confirming the oral hearing date of July 1, 2025. The written proceedings are set to close on May 14, 2025, and parties may submit substantive proposals for the interim hearing until May 23, 2025.
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Respondent
This is an order from the Local Division Munich of the Unified Patent Court concerning EP 3 646 825, dealing with procedural applications following a prior infringement decision. Meril (the defendants) sought an extension of the deadline to comment on Edwards Lifesciences' application for a cost decision, arguing that pending confidentiality issues prevented them from properly responding. The judge-rapporteur lifted all deadlines relating to the cost decision and the protection of confidential information, with new deadlines to be set in due course.
Edwards Lifesciences Corporation v.Meril Gmbh, Meril Life Sciences Pvt Ltd.
This order from the Local Division Munich of the Unified Patent Court concerns European patent EP 3 646 825 and addresses procedural matters related to Edwards's application for a cost decision and competing confidentiality applications under Rule 262A RoP. The court indicated its intention to follow the reasoning of the Central Division (Paris Seat) order of 30 July 2024, which would grant Meril unlimited access to the costs application while restricting third-party/public access under Rule 262.2 RoP. Edwards was invited to comment within 10 days on the confidentiality applications before the court would invite Meril to comment on the costs application.
Meril Gmbh, Meril Life Sciences Pvt Ltd. v.Respondent
Before the Local Division Munich concerning EP 3 646 825, Meril sought a partial stay of proceedings relating to Edwards Lifesciences' cost decision application and a stay of the confidentiality information application, pending a Court of Appeal decision. The judge-rapporteur indicated willingness to order a full stay if both parties agreed, but neither party requested one. Meril then informed the court that its confidentiality stay application would not be maintained if a full or partial stay of the costs proceedings was not granted, rendering a decision on that application unnecessary.
Sanofi Winthrop Industrie, Sanofi S.r.l., Sanofi B.V., Sanofi AB, Sanofi-Aventis GmbH, Sanofi-Aventis Deutschland GmbH, Sanofi Mature IP, Sanofi Belgium, Sanofi A/S, Sanofi - Produtos Farmaceuticos Lda v.Accord Healthcare AB, Accord Healthcare S.L.U., Accord Healthcare GmbH, Accord Healthcare Italia Srl, Accord Healthcare BV, Accord Healthcare B.V., Accord Healthcare, Unipessoal Lda.
This is a procedural order from the Local Division Munich of the Unified Patent Court issued on 22 January 2025, consolidating four parallel patent infringement actions (UPC_CFI_145/2024 through UPC_CFI_148/2024) brought by multiple Sanofi entities against Accord Healthcare, STADA, Reddy Pharma, and Zentiva regarding European Patent No. 2 493 466. The defendants raised preliminary objections concerning jurisdiction, standing of certain claimants, and the scope of the claims. Following a preliminary interim conference, the court ordered Sanofi to remedy deficiencies in its formal submissions within 7 days, invited defendants to comment within 14 days, waived all other deadlines, and set the values of the infringement claims and counterclaims.
NJOY Netherlands B.V v.VMR Products LLC
Revocation action concerning European patent EP 3 613 453 B1 relating to electronic vapour products, filed by NJOY Netherlands B.V. against VMR Products LLC. The Court of First Instance of the Unified Patent Court (Central Division, Paris Seat) found that claim 1 and dependent claims 2-5 lacked inventive step over prior art, but dependent claims 6, 7, and 8 involved an inventive step and possessed independent validity. The patent was maintained in part based on claims 6, 7, and 8 in combination with claim 1 as granted, with the remainder revoked.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH , Kodak Holding GmbH
This is a patent infringement action before the Mannheim Local Division concerning European patent EP 3 511 174, brought by Fujifilm Corporation against three Kodak entities. The order, issued in preparation for the oral hearing scheduled for 11-13 February 2025, sets out preliminary views and questions on key issues including the scope of remedies, applicable law (UPCA versus national law), the value of the dispute, priority and prior use rights, the defendants' counterclaim for revocation, and infringement by the SONORA XTRA-3 product.
P.T.S. Machinery B.V. v.Mammoet Holding B.V.
The Hague - Local Division UPC_CFI_16/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/01/2025 regarding the preserving of evidence APPLICANT Mammoet Holding B.V. (Applicant) Karel Doormanweg 47 - 3115 JD - Schiedam – NL Represented
KIPA AB v.Respondent
An unnamed member of the public, represented by Erik Krahbichler, applied for access to all written pleadings and evidence in infringement proceedings (UPC_CFI_380/2023) between Edwards Lifesciences Corporation and Meril et al. concerning EP 3 769 722. After the parties objected and Meril Life Sciences PVT Limited requested reimbursement of EUR 17,168.70 in legal costs, the Applicant withdrew the applications. The judge-rapporteur closed the proceedings on the access applications and dismissed the requests for reimbursement of legal costs, holding that Article 69 UPCA does not provide a legal basis for ordering a member of the public to reimburse costs incurred by parties consulted under Rule 262.1(b) RoP.
PowerDeal SRL v.Respondent
This procedural order from the Düsseldorf Local Division concerns an application for rectification under Rule 353 RoP filed in connection with infringement and counterclaim for revocation proceedings regarding European Patent No. 3 065 184 B1. The claimant, Maxeon Solar Pte. Ltd., sought rectification of a prior order concerning the protection of confidential information. The court dismissed the application, finding no obvious slip or clerical mistake, as the unredacted version of the order correctly contained the name of a natural person of Defendant 7 (PowerDeal SRL) to whom access was granted, while only the redacted version had that name replaced with '[…]'.
air up group GmbH v.Respondent
This case before the Local Division Munich concerned the service of a decision by default in provisional measures proceedings regarding European Patent EP 3 655 341. The defendant, domiciled in China, could not be served through the Chinese authorities under the Hague Service Convention, which failed to process service for over six months. The court held that publication of the decision by default on the Court's website, with notification to the defendant by email, constitutes good service pursuant to Rule 275.2 of the Rules of Procedure.
NJOY Netherlands B.V. v.VMR Products LLC
This is a revocation action filed by NJOY Netherlands B.V. against VMR Products LLC before the Central Division (Paris seat) of the Court of First Instance, concerning European patent EP 3 626 092, which relates to vaporizer devices (electronic cigarettes). The claimant seeks revocation of the patent with effect across multiple European territories, arguing lack of inventive step. The patent was filed on 14 March 2014 with priority dates of 12 November 2013 and 10 February 2014, and was also subject to pending opposition proceedings before the European Patent Office.
XSYS Italia S.r.l., XSYS Germany GmbH, XSYS Prepress N.V. v.Respondent
ORDER of the President of the Court of First Instance in the proceedings before the Local Division MUNICH pursuant to R. 323 RoP (language of the proceedings) issued on 15/01/2025 APPLICANTS (DEFENDANTS IN THE MAIN PROCEEDINGS): 1) XSYS Germany GmbH, Industriestraße 1, 77731 Willstätt - G
SharkNinja Europe Limited, SharkNinja Germany GmbH v.Respondent
This order concerns an application by SharkNinja to suspend the cost assessment proceedings or, alternatively, to extend the time limit for filing a cost assessment application following the Court of Appeal's December 3, 2024 decision reversing an interim injunction against SharkNinja and ordering Dyson to pay costs. The Court of Appeal addressed procedural questions regarding when the one-month deadline under Rule 151.1 of the Rules of Procedure begins to run and the applicability of Rules 150 and 151 when no main proceedings under Rule 213 are initiated.
Abbott Diabetes Care Inc. v.Respondent
Abbott Diabetes Care Inc. filed an infringement action against Dexcom Inc. and Dexcom International Limited concerning European Patent No. EP3977921, and Dexcom filed a counterclaim for revocation. Both parties mutually agreed to withdraw their respective claims and requested the Court to declare the proceedings closed without a cost decision. The Court applied Rule 265 of the Rules of Procedure and, finding no legitimate interest in adjudication, permitted the withdrawals and closed the proceedings.
N.J DIFFUSION SARL v.Respondent
1 Division locale de Paris UPC_CFI_363/2024 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 20/01/2025 REQUÉRANT N.J DIFFUSION SARL 44 Rue Paul Valéry 75016 PARIS - FR Représenté par Catherine Mateu INTIMÉ - DEFENDEUR GISELA MAYER GmbH Litzelsd
Amazon.com, Inc., Amazon Europe Core S.à r.l. , Amazon EU S.à r.l. v.Respondent
This is a procedural order issued by the Court of Appeal concerning an application under Rule 262.2 of the Rules of Procedure. Amazon, the appellant and defendant in the main infringement proceedings, sought to classify certain information from its appeal and appeal brief as confidential. The disputed information relates to licensing negotiations between the parties, the defendants' business model, and details about licensees and license agreements of the plaintiff Nokia. The underlying case concerns European Patent EP 2 661 892, with the Local Division Munich having previously rejected Amazon's request for disclosure of unredacted documents on December 16, 2024.
NJOY Netherlands B.V. v.Juul Labs, Inc.
1 DECISION of the Court of First Instance of the Unified Patent Court Central division Paris Seat (Section 1) delivered on 17 January 2025 concerning EP 3 430 921 B1 KEYWORDS: Revocation, claim interpretation, clarity, added matter, admission of auxiliary claims CLAIMAN
NEC Corporation v.Respondent
NEC Corporation filed a patent infringement action against multiple TCL entities concerning European patent EP 2 645 714 before the Local Division Munich. Before the closure of the written procedure, the parties reached a contractual agreement, and NEC declared withdrawal of the action. The Court permitted the withdrawal, declared the proceedings closed, and ordered reimbursement of 60% of the court fees paid by NEC.
Sanofi-Aventis Deutschland GmbH, Sanofi Winthrop Industrie, Sanofi - Produtos Farmaceuticos Lda, Sanofi Belgium, Sanofi S.r.l., Sanofi B.V., Sanofi A/S, Sanofi AB, Sanofi Mature IP, Sanofi-Aventis GmbH v.Respondent
This is a procedural order from the Local Division Munich of the Unified Patent Court concerning four related patent infringement actions involving European Patent No. 2 493 466. The claimants, a group of Sanofi entities, sought substitution of Sanofi Mature IP by Sanofi SA following a corporate reorganization in which Sanofi Mature IP was dissolved without liquidation and its assets, including the patent in suit, were universally transferred to Sanofi SA. The defendants raised no objections at the preliminary interim conference, and the Court granted the substitution, holding that it had no consequence on the proceedings under Rules 306 and 310 RoP.
*** v.OrthoApnea S.L., Vivisol B BV
The Local Division Brussels of the Unified Patent Court rejected an infringement action brought by an individual plaintiff against OrthoApnea S.L. and VIVISOL B BV concerning European Patent 3 216 430. The court found neither literal infringement nor infringement by equivalence, holding that without functional equivalence no infringement by equivalence can be established under any equivalence test. The court also addressed procedural issues regarding the temporal condition for substantive proceedings following an evidence preservation order under Rule 198(1) of the Rules of Procedure.
Fives ECL, SAS v.REEl GmbH
The Court of Appeal of the Unified Patent Court addressed an appeal concerning the jurisdiction of the court over a standalone action for the quantification of damages following a national court judgment establishing patent infringement and liability for damages. The appellant, Fives ECL, sought to quantify damages of EUR 6.5 million against REEL GmbH based on a prior judgment of the Landgericht Düsseldorf finding REEL liable for infringing EP 1 740 740. The Court of Appeal overturned the Local Division Hamburg's decision and held that the court has jurisdiction over such standalone damages quantification actions, including for infringing acts committed before the UPC Agreement entered into force on June 1, 2023, provided the patent was still in force at that time.
Daedalus Prime LLC v.Respondent
This procedural order concerns a bifurcation request in patent infringement proceedings before the Hamburg Local Division. The Claimant, Daedalus Prime LLC, proprietor of European Patent EP2792100, sought to have the Defendants' counterclaim for revocation referred to the Central Division Paris while the infringement action continued in Hamburg. The Defendants, comprising various Xiaomi entities and MediaTek Inc., had initially requested a stay of the infringement proceedings pending resolution of the revocation matter. The Claimant argued that separating the proceedings would ensure procedural economy and timely resolution of urgent commercial matters.
NVIDIA Corporation, NVIDIA GmbH v.Respondent
This is a procedural order by the President of the Court of First Instance concerning an application by NVIDIA Corporation and NVIDIA GmbH (Defendants in the main infringement proceedings) to change the language of proceedings from German to English under R. 323 RoP and Article 49(5) UPCA. The main infringement action was brought by BF exaQC AG and ParTec AG based on European patents EP3743812 and EP2628080, both granted in English. NVIDIA argued that English should be adopted as the language of proceedings because it is the language of the patents, while the Claimants opposed the change. The order sets out the parties' positions and the points at issue for the court's consideration.
Bhagat Textile Engineers v.Oerlikon Textile GmbH & Co KG
Bhagat Textile Engineers appealed a decision of the Milan Local Division finding it had infringed Oerlikon's EP 2 145 848 patent and filed a separate application under Rule 223 RoP seeking suspensive effect of the appeal. Bhagat argued that exceptional circumstances existed due to parallel revocation proceedings involving a third party (Himson Engineering) and considerable doubts about the patent's validity. The Court of Appeal rejected the application, holding that Bhagat had failed to evidence any exceptional circumstances justifying a departure from the principle that appeals have no suspensive effect.
Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE v.Respondent
This order concerns the withdrawal of a cost determination application filed by the defendants (Tesla entities) following a patent infringement and revocation dispute with Avago Technologies. The Local Chamber Hamburg held that the court of first instance retains jurisdiction over the withdrawal of a cost determination application still pending before it, even when the main proceedings (infringement claim and counterclaims) have been appealed. The reporting judge further held that, as a substantive decision under Rule 156.2 RoP rather than a case management measure under Rules 331 ff RoP, the decision to permit the withdrawal falls within the reporting judge's sole and exclusive competence.
Abbott Diabetes Care Inc. v.Respondent
Abbott Diabetes Care Inc. filed a patent infringement action against Dexcom entities concerning European patent EP 4 087 195 before the Local Division Munich. Following the filing of counterclaims for revocation by the defendants and an application to amend the patent by the claimant, all parties mutually withdrew their respective claims before the scheduled oral hearing. The Court permitted the withdrawals, declared the proceedings closed, and ordered each party to bear its own extrajudicial costs with no reimbursement between the parties.
Avago Technologies International Sales Pte. Limited v.Respondent
This decision concerns the Court of Appeal's handling of Avago's request to withdraw its infringement action and seek reimbursement of court fees following an adverse first-instance ruling. The Local Division Hamburg had dismissed Avago's infringement claim, partially revoked the patent EP 1 612 910, and ordered Avago to bear 85% of costs. Avago appealed and subsequently sought to withdraw the infringement action, with Tesla consenting. The Court of Appeal addressed the admissibility of withdrawal requests in appellate proceedings and the consequences for related auxiliary requests.
Alpinestars S.p.A. v.Respondent
1. The coordination between the appeals proceedings before the EPO and the proceedings be- fore UPC may be achieved in the most efficient way, taking into account the position of all
Avago Technologies International Sales Pte. Limited v.Respondent
This decision concerns the admission of withdrawal of an infringement action in appeal proceedings before the Court of Appeal. Avago had sued Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE for infringement of European Patent EP 1 612 910, and Tesla had filed counterclaims for revocation. Following a mixed first-instance ruling by the Local Division Hamburg, Avago appealed and subsequently requested withdrawal of the infringement action, to which Tesla consented. The Court of Appeal admitted the withdrawal, declared the infringement proceedings terminated, and addressed the consequences for the revocation counterclaims and the reimbursement of court fees.
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