European UPC Patent Cases
1,878 decisions indexed
Page 49 of 63 · 1,878 total
Dehns v.Respondent
Order of the Court of First Instance of the Unified Patent Court Central Division (Section Munich) issued on 22 October 2024 APPLICANT Dehns, St Bride´s House, 10 Salisbury Square - EC47 8JD - London – GB, represented by: John Somerton, St Bride's House, 10 Salisbury Square - EC4Y 8
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.
Sling TV L.L.C., DISH Technologies L.L.C. v.Respondent
This is a procedural order from the Local Chamber Mannheim concerning European Patent EP 2 479 680. The claimants, DISH Technologies L.L.C. and Sling TV L.L.C., sought an order under Rule 190 of the Rules of Procedure for the production of source code of media players used under Google Chrome, Microsoft Edge, and Safari browsers by certain defendants operating streaming services. The underlying main proceedings concern alleged indirect patent infringement in multiple European countries, with the defendants having filed counterclaims for invalidity.
Sling TV L.L.C., DISH Technologies L.L.C. v.Respondent
This order concerns an application by DISH Technologies L.L.C. and Sling TV L.L.C. under Rule 191 of the Rules of Procedure seeking an information order against several AYLO entities and related companies regarding the encoding and coding scheme of video files available through their streaming services. The underlying main proceedings involve alleged indirect patent infringement of European Patent EP 2 479 680 in multiple European countries, with the defendants having filed counterclaims for invalidity. The rapporteur judge Böttger issued the order in the Local Chamber Mannheim.
Sling TV L.L.C., DISH Technologies L.L.C. v.Respondent
The plaintiffs, DISH Technologies L.L.C. and Sling TV L.L.C., sought an order under Rule 191 of the Rules of Procedure requiring defendants AYLO Premium Ltd, AYLO Freesites Ltd, Brockwell Group LLC, and Bridgemaze Group LLC to disclose information about which Content Delivery Networks (CDNs) they use or have used since August 28, 2019 for delivering video files through their streaming services, the locations of CDN servers, and how the video files are encoded and split. The underlying main proceedings concern alleged indirect patent infringement of European Patent EP 2 479 680 in multiple European territories, with defendants having filed counterclaims for invalidity. The order was issued by the reporting judge Böttger of the Local Chamber Mannheim.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
This is a revocation action concerning European patent EP 2 794 928 B1, owned by President and Fellows of Harvard College, brought by NanoString Technologies Europe Limited before the Central Division (Section Munich) of the Court of First Instance. The Claimant sought revocation of the patent, while the Defendant defended its validity. The Court examined its international jurisdiction of its own motion, declined to stay proceedings despite a parallel German revocation action in which the German Federal Patent Court had already revoked the German national part of the patent, and assessed novelty and inventive step under Article 54(1) EPC. The Court also refused permission for a subsequent auxiliary request to amend under Rule 50.2 RoP in conjunction with Rule 30.2 RoP, holding that it could and should have been filed earlier under the front-loaded system.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
Microsoft sought discretionary review of an order by the Paris Central Division that refused to declare Suinno's patent infringement action manifestly inadmissible under Rule 361 RoP, based on an alleged lack of independence of Suinno's representative. The Court of Appeal dismissed Microsoft's request, holding that the manifest inadmissibility standard under R. 361 RoP must be reserved for clear-cut cases and that Microsoft failed to demonstrate that discretionary review was necessary, particularly since the independence issue was already the subject of a pending appeal.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc., Digital River Ireland Ltd., Arvato Netherlands B.V.
Telefonaktiebolaget LM Ericsson filed an application for provisional measures and a preliminary injunction against ASUSTek Computer Inc., Digital River Ireland Ltd., and Arvato Netherlands B.V. before the Lisbon Local Division of the Unified Patent Court, alleging infringement of European Patent EP 2 819 131 B1 through the sale of laptops and notebooks containing Intel Wi-Fi 6E AX211 and Wi-Fi 6 AX201 modules. The Defendants challenged the competence of the Lisbon Local Division, denied infringement, asserted invalidity of the patent, and argued lack of urgency due to Ericsson's unreasonable delay. The Court dismissed the application, finding that Ericsson had delayed unreasonably in seeking provisional measures, thereby failing to establish urgency.
Photon Wave Co., Ltd v.Seoul Viosys Co., Ltd.
This procedural order concerned an appeal filed by Photon Wave Co., Ltd. against order ORD_41423/2024 of the Paris Local Division, which had been issued in proceedings involving European Patent EP 3 404 726. Seoul Viosys Co., Ltd. raised an objection of inadmissibility, arguing that the appeal had not been expressly authorized by the Court of First Instance as required under Article 73 of the Agreement on a Unified Patent Court and Rule 220.2 of the Rules of Procedure. The Court of Appeal held that the mere general reference to Rule 220.2 in the operative part of the contested order did not constitute the express authorization required for an appeal, and that such authorization cannot be presumed.
Kinexon Sports & Media GmbH v.Ballinno
In this legal proceeding before Paris (FR) Central Division - Seat (decision issued on 2024-10-14) under reference UPC-001207, Kinexon Sports & Media GmbH appeared in dispute with Ballinno concerning patent rights and legal remedies.
KIPA AB v.Respondent
Central Division Paris Seat ORDER of the Court of First Instance of the Unified Patent Court Central division (Paris seat) issued on 14 October 2024 concerning the Applications RoP262.1(b) Nos. App_33486/2024, 33487/2024 and 33489/2024 lodged in the proceedings UPC_CFI_255/2023 and counter
Winnow Solutions Limited v.Respondent
Winnow Solutions Limited, proprietor of European Patent EP 3 198 245 B1 concerning a system and method for monitoring food waste, sought an order under Rule 190 of the Rules of Procedure requiring Orbisk B.V. to produce evidence in infringement proceedings. The Court found a prima facie case of infringement and partially granted the request, holding that proper evaluation of non-infringement and invalidity arguments should be conducted by the full panel. However, the request was deemed too broad and was therefore limited in scope.
CAN Srl Airxcel Europe v.Respondent
This procedural order concerns a request by the defendant, CAN Srl Airxcel Europe, to extend the deadlines for filing a preliminary objection and a statement of defense/counterclaim in an infringement action concerning European Patent EP 1 788 320 B1. The defendant argued that service of the statement of claim at a trade fair was ineffective. The Local Chamber Düsseldorf rejected both extension requests, holding that the strict time regime of the Rules of Procedure permits extensions only in exceptional cases, and the defendant failed to demonstrate any such exceptional circumstances.
MSG Maschinenbau GmbH v.EJP Maschinen GmbH
This case concerned an infringement action and a counterclaim for revocation regarding European Patent EP 3 225 320 B1, which relates to a device and method for measuring the straightness of rod-shaped workpieces. Following the complete revocation of the patent by the EPO Board of Appeal on July 4, 2024, the plaintiff withdrew the infringement action under Rule 265 RoP and sought a 60% reimbursement of court fees. The defendant sought a declaration that the revocation counterclaim had become moot under Rule 360 RoP and also requested a 60% reimbursement of court fees.
SES-imagotag SA v.Hanshow Technology Co. Ltd, Hanshow Germany GmbH, Hanshow France SAS, Hanshow Netherlands B.V.
This is a cost assessment decision by the Local Chamber Munich concerning the reimbursement of costs following the rejection of an application for interim measures. The applicant SES-imagotag SA was ordered to bear the costs of the respondents (four Hanshow group companies) up to a cap of €200,000. The court assessed the claimed costs through a plausibility check, establishing that detailed hour-by-hour breakdowns are not strictly required and that representation by a team of three lawyers and two patent attorneys is appropriate for proceedings against four group-affiliated companies.
Abbott Diabetes Care Inc. v.Respondent
1 Paris Local Division UPC_CFI_395/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 11/10/2024 APPLICANTS 1) Abbott Logistics B.V. Postbus 365 8000AJ Zwolle – NL Represented by Christian Dekoninck 2) 3) Abbott Diagnostics GmbH Max-Planck-Ring 2 65205 Wies
Daedalus Prime LLC v.Respondent
This case concerns a panel review of a confidentiality order in an infringement action before the Hamburg Local Division of the Unified Patent Court regarding European Patent EP2792100. The Claimant, Daedalus Prime LLC, sought to extend access to confidential information to two US-based attorneys and to future confidential submissions, arguing that excluding them violated its fundamental judicial rights. The Panel rejected the application to dismiss the procedural orders, upheld the restriction on access by the US attorneys, and granted the Defendants' request to replace the redacted version of the Statement of Defence, while granting leave to appeal.
i-mop GmbH v.ARCORA International GmbH
This is a default judgment (Versäumnisentscheidung) issued by the Local Chamber Munich in a patent infringement action under Article 37 of the UPC Agreement and Rule 355 of the Rules of Procedure. The plaintiff, i-mop GmbH, is the proprietor of European Patent EP 3 760 094 B1, which protects a hand-guided floor processing device with a specific joint configuration allowing the floor part to be rotated at least ±45° around a vertical axis. The defendant, ARCORA International GmbH, is a German-domiciled company against whom the infringement claim was directed. The judgment was rendered by a panel consisting of Presiding Judge Ulrike Voß (Rapporteur), legally qualified Judge Dr. Daniel Voß, and legally qualified Judge Mojca Mlakar.
Hanshow France SAS, Hanshow Netherlands B.V., Hanshow Germany GmbH, Hanshow Technology Co. Ltd v.Respondent
The Local Chamber Munich of the Unified Patent Court ruled on a cost determination request concerning appeal costs. The respondents (Hanshow entities) had filed their cost determination request on June 18, 2024, more than one month after the appeal was rejected on May 13, 2024, thereby missing the one-month deadline under Rule 151 RoP. The court held that the retroactive extension of the deadline under Rule 9.3(a) RoP was inadmissible, as Rule 320 RoP on restitutio in integrum operates as lex specialis and displaces the general extension rule in this context.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH, expert klein GmbH
This case concerns European Patent EP 3 223 320 B1, with Seoul Viosys Co., Ltd. as plaintiff suing two related defendants, expert e-Commerce GmbH and expert klein GmbH, for patent infringement. The court addressed procedural questions regarding the treatment of multiple defendants in a single action, the filing of counterclaims for patent revocation by individual defendants, and whether security for costs should be ordered. The decision was issued by the Local Chamber Düsseldorf on October 10, 2024.
Aarke AB v.Respondent
In a patent infringement action concerning EP 1793917 before the Local Division in Düsseldorf, the Defendant (Aarke AB) requested an adjournment of the oral hearing pending the Court of Appeal's decision on its dismissed request for security for costs. The Court dismissed the request for adjournment, holding that since an order concerning security for costs is not listed in Art. 74(3) UPCA, there is no requirement to await a final order of the Court of Appeal before rendering its own decision on the merits.
Seoul Viosys Co., Ltd. v.expert klein GmbH, expert e-Commerce GmbH
This case before the Local Chamber Düsseldorf concerns European Patent EP 3 926 698 B1, with Seoul Viosys Co., Ltd. as the plaintiff and expert e-Commerce GmbH as one of the defendants. The decision addresses procedural questions regarding the treatment of multiple defendants in a single action, the filing of counterclaims for patent revocation by individual defendants, and the question of whether security for costs should be ordered. The court held that proceedings against multiple defendants remain formally independent, that an isolated counterclaim for revocation by individual defendants is permissible, and that no security requirement was imposed in this case.
EOFLOW Co., Ltd. v.Insulet Corporation
EOFlow appealed an order of the Central Division Milan that denied its request to join two parallel provisional measures proceedings concerning alleged infringement of European patent EP 4 201 327. EOFlow additionally requested the Court of Appeal to expedite the appeal and shorten deadlines so that a decision could be issued before the scheduled oral hearings in the first instance. The Court of Appeal rejected the request for expedition, finding that EOFlow had unnecessarily delayed filing its appeal and had not sufficiently taken into account the respondent's right to file a response.
SharkNinja Germany GmbH, SharkNinja Europe Limited v.Respondent
This order concerns an appeal before the Court of Appeal regarding European Patent EP 2 043 492. Dyson Technology Limited, the respondent, requested that several grounds of appeal raised by SharkNinja concerning validity attacks be disregarded as they were allegedly not properly specified in the Statement of Appeal. SharkNinja opposed the request, arguing that the grounds were indeed contained in the Statement of Appeal through references to earlier submissions and specific paragraphs. The text of the order is truncated and does not include the final ruling.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
Suinno Mobile & AI Technologies Licensing Oy sought discretionary review of an order by the Paris Central Division that granted Microsoft Corporation's request for security for costs and declared Suinno's own request for security inadmissible. The Court of Appeal held the request for discretionary review inadmissible because Suinno had not first requested the Court of First Instance to grant leave to appeal, as required under Rule 220.2 RoP before a discretionary review under Rule 220.3 RoP can be pursued.
Edwards Lifesciences Corporation v.Respondent
1. The procedural efficiency must yield to the principle of the fair trial. Therefore, a request for extension of a time period must be denied where the opposing party has already met the correspondent shorter, ordinary time period.
Abbott Diabetes Care Inc. v.Dexcom Inc., Dexcom International Limited
This is a preliminary order in an infringement action brought by Abbott Diabetes Care Inc. against Dexcom Inc. and Dexcom International Limited concerning European Patent EP3977921 B1. The defendants filed a counterclaim for revocation, and both parties submitted various procedural applications including requests for communication of information, leave to change claims, dismissal of certain revocation grounds, and security for legal costs. The Court addressed procedural deadlines for further written submissions and preparation of the oral hearing, discussed the allocation of a technically qualified judge, and considered the claimant's application for leave to amend its prayer for relief.
Meril Life Sciences Pvt Ltd., Meril GmbH v.Edwards Lifesciences Corporation
This appeal concerned the determination of which party is the prevailing party under Article 69(1) of the Agreement on a Unified Patent Court following the dismissal of a claim after the defendant submitted an injunction and commitment declaration. The dispute involved European Patent EP 3 763 331 relating to a crimping device for stent-based valve prostheses. The Court of Appeal held that when a defendant commits to comply with the plaintiff's requests after proceedings have been initiated, the plaintiff is generally considered the prevailing party, as the declaration itself implies that the plaintiff's requests have been fulfilled.
NEC Corporation v.TCL Operations Polska Sp. Z.o.o, , TCT Mobile Europe SAS, TCL Industrial Holdings Co., Ltd., TCL Deutschland GmbH & Co. KG, TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd., TCT Mobile Germany GmbH
This case concerns an application by Access Advance LLC, the administrator of a HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against several TCL entities regarding European patent EP 2 863 637. The Court of First Instance of the Unified Patent Court (Local Division Munich) admitted the intervention, holding that a patent pool administrator has a legal interest under Rule 313 RoP, that admission does not per se violate Article 101 TFEU, and that the intervener must be granted access to the case file through the Claimant's representatives, subject to confidentiality restrictions on information already classified as confidential under Rule 262a RoP.
Samsung Electronics GmbH v.Respondent
The Local Division Munich of the Unified Patent Court issued a procedural order on an application by Samsung under Rule 158 RoP for security for costs in a patent infringement action brought by US-based Headwater Research LLC concerning EP 2 391 947. The Court found that Headwater, a non-practicing entity with no assets other than patents used in worldwide litigation, failed to substantively challenge the Defendants' concerns about cost recoverability. The Court ordered Headwater to deposit €100,000 as security for costs within three weeks.
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