technology — European UPC Patent Cases
1,511 decisions indexed
Page 24 of 51 · 1,511 total
Ortovox Sportartikel GmbH v.Mammut Sports Group GmbH, Mammut Sports Group AG
This is a cost assessment proceeding (Kostenfestsetzungsverfahren) before the Local Chamber Düsseldorf concerning European Patent EP 3 466 498 B1. The plaintiff Ortovox Sportartikel GmbH had sued defendants Mammut Sports Group AG and Mammut Sports Group GmbH for patent infringement, while the defendants had filed a counterclaim for invalidity. Following a January 14, 2025 decision largely favoring the plaintiff on infringement and dismissing the invalidity counterclaim, the defendants filed a cost assessment application on February 13, 2025 seeking reimbursement of EUR 9,732.21 in costs related to the infringement proceedings.
Pfizer SAS, Pfizer AB, Pfizer Luxembourg S.a.r.l., Pfizer Aps, Pfizer Corporation Austria GmbH, Pfizer S.r.l., Laboratórios Pfizer, Lda., Pfizer Oy v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_687/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/04/2025 Claimants Pfizer Inc. Pfizer Europe MA EEIG Pfizer B.V. Pfizer S.A. Pfizer Manufacturing Belgium S.A
TP-Link Deutschland GmbH, TP-LINK ENTERPRISES FRANCE, TP-LINK Enterprises Netherlands B.V. v.Respondent
This procedural order concerns European Patent No. EP 3 186 937, with Atlas Global Technologies GmbH as plaintiff and four TP-LINK entities as defendants. The proceedings combine an infringement action and a counterclaim for revocation. With the consent of all parties, the court stayed the proceedings pursuant to Rule 295(a) of the Rules of Procedure, based on the application filed by Defendants 2 to 4 on 17 April 2025.
Longi (Netherlands) Trading B.V., LONGi Solar Technologie GmbH, Energy3000 solar GmbH, LONGI SOLAR FRANCE SARL. v.Respondent
This is a procedural order from the Local Division Munich of the Court of First Instance concerning an infringement action related to European patent no. 4 372 829. The order addresses the service of the statement of claim on Defendant 2 (LONGi Green Energy Technology Co. Ltd.) and extends the deadline for Defendants 1, 2, 3, 5, and 6 to lodge their Statement of Defence and Counterclaim for revocation until 21 July 2025, following an agreement between the parties.
Pfizer Europe MA EEIG, Pfizer Manufacturing Belgium S.A, Pfizer Ltd, Pfizer Service Company S.R.L., Pfizer B.V., Pfizer Inc, Pfizer S.A, Pfizer Pharma GmbH v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_476/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/04/2025 Claimants Pfizer Inc. Pfizer Europe MA EEIG Pfizer B.V. Pfizer S.A. Pfizer Manufacturing Belgium S.A.
Ortovox Sportartikel GmbH v.Mammut Sports Group AG, Mammut Sports Group GmbH
This is a cost assessment decision by the Local Chamber Düsseldorf concerning European Patent EP 3 466 498 B1. The court addressed the reimbursement of costs arising from the main infringement proceedings and related interim/interlocutory proceedings between Ortovox Sportartikel GmbH as plaintiff and Mammut Sports Group AG and Mammut Sports Group GmbH as defendants. The decision establishes that dividing tasks among multiple lawyers and patent attorneys does not generate additional reimbursable costs, and that costs from interim proceedings are separately reimbursable with their own upper limits distinct from the main proceedings.
GlaxoSmithKline Biologicals S.A. v.Respondent
1 Milan - Central Division - First Instance - central division UPC_CFI_476/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 22/04/2025 Claimants Pfizer Inc. Pfizer Europe MA EEIG Pfizer B.V. Pfizer S.A. Pfizer Manufacturing Belgium S.A.
Amazon Europe Core S.à r.l. , Amazon.com, Inc. v.Respondent
This procedural order concerns an appeal filed by Amazon against a decision of the Local Division Munich that had rejected Amazon's request for an unredacted version of documents and information from Nokia in a patent infringement case concerning EP 2 661 892. After the parties reached an out-of-court settlement and the Local Division Munich allowed the withdrawal of the main action, Amazon informed the Court of Appeal that the appeal had become moot. The Court of Appeal dismissed the appeal by applying Rule 360 RoP, holding that the rule applies not only when the main claim becomes moot but also when the appeal itself becomes moot.
Scandit AG v.Respondent
The Court of Appeal of the Unified Patent Court rejected Scandit AG's request for a 20% reimbursement of court fees following the withdrawal of Hand Held Products' application for interim measures. The Local Division Munich had previously issued an injunction against Scandit for indirect infringement of claims 1 and 10 of EP 3 866 051, which Scandit appealed. After the oral hearing, Hand Held Products withdrew its application for interim measures, and the Court of Appeal terminated the proceedings. Scandit sought partial reimbursement of court fees, arguing that the oral proceedings had not yet concluded because no final decision on the merits had been pronounced.
Meril Gmbh, Meril Life Sciences Pvt Ltd. v.Edwards Lifesciences Corporation
The Court of Appeal of the Unified Patent Court dismissed Meril's application for suspensive effect of its appeal against a decision of the Munich Local Division finding infringement of Edwards Lifesciences' European patent EP 3 646 825 (relating to a prosthetic heart valve and delivery catheter system). The Court held that Meril failed to demonstrate that the impugned decision was manifestly erroneous or that an exception to the general rule under Article 74(1) UPCA (that appeals do not have suspensive effect) was warranted. Meril's alternative request for a stay of enforcement subject to the provision of security was also rejected.
LIFE 365 S.R.L. - LIFE365 ITALY S.P.A. v.HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P and LAMA France
1 Division locale de Paris UPC_CFI_358/2023 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 18/04/2025 Sur l’accès au public (R.262.1(b) RdP) REQUÉRANT LIFE 365 S.R.L. - LIFE365 ITALY S.P.A. Via Alexander Fleming, 22 47122 - Forlì - IT Représen
Kunststoff KG Nehl & Co. v.Häfele SE & Co. KG
This is a revocation action before the Central Division (Section Munich) concerning European patent EP 3 767 151. The Claimant, Kunststoff KG Nehl & Co., seeks full revocation of the patent on grounds of lack of novelty and inventive step, insufficient disclosure, and added matter beyond the original and earlier application EP 3 055 603. The Defendant, Häfele SE & Co. KG, contests the revocation and has filed 80 auxiliary requests to maintain the patent in amended form. The order is a Case Management Order issued by the Judge-rapporteur addressing procedural directions, including the uncontested value of the proceedings set at EUR 500,000.
LIFE 365 S.R.L. - LIFE365 ITALY S.P.A. v.Respondent
1 Division locale de Paris UPC_CFI_358/2023 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 18/04/2025 Sur l’accès au public (R.262.1(b) RdP) REQUÉRANT LIFE 365 S.R.L. - LIFE365 ITALY S.P.A. Via Alexander Fleming, 22 47122 - Forlì - IT Représen
Genevant Sciences GmbH, Arbutus Biopharma Corporation v.Respondent
1 The Hague - Local Division UPC_CFI_191/2025 and 192/2025 Order of the Court of First Instance of the Unified Patent Court delivered on 16/04/2025 APPLICANT/S 1) Moderna Belgium S.R.L. (Applicant, defendant 9) in the main proceedings) - Avenue Marnix 23 - 1000 - Brussels - BE Re
TP-Link Deutschland GmbH v.Atlas Global Technologies GmbH
This procedural order concerns European Patent EP 3 353 901 in an infringement action and counterclaim for revocation brought by Atlas Global Technologies GmbH against four TP-LINK entities. With the consent of the parties, the Local Chamber Düsseldorf ordered a stay of the proceedings against Defendants 2 to 4 (TP-LINK Enterprises Netherlands B.V., TP-Link Deutschland GmbH, and TP-Link Enterprises France) pursuant to Rule 295(a) of the Rules of Procedure, based on the defendants' application dated March 23, 2025.
Arbutus Biopharma Corporation, Genevant Sciences GmbH v.Respondent
1 The Hague - Local Division UPC_CFI_191/2025 and 192/2025 Order of the Court of First Instance of the Unified Patent Court delivered on 16/04/2025 APPLICANT/S 1) Moderna Belgium S.R.L. (Applicant, defendant 9) in the main proceedings) - Avenue Marnix 23 - 1000 - Brussels - BE Re
Barco N.V. v.Yealink (Europe) Network Technology B.V., Yealink (Xiamen) Network Technology Co. Ltd.
Barco N.V. appealed an order of the Local Division Brussels dismissing its application for provisional measures concerning EP 3 732 827 and ordering Barco to bear costs up to €112,000. Barco applied for suspensive effect of the appeal regarding the cost order, arguing enforcement difficulties in China and that the cost order was not a concrete payment obligation. The Court of Appeal dismissed the application for suspensive effect as unfounded, finding no manifest error and that enforcement risks did not render the appeal devoid of purpose.
BioNTech SE, BioNTech Manufacturing GmbH , BioNTech Europe GmbH , BioNTech Manufacturing Marburg GmbH , BioNTech Innovative Manufacturing Services GmbH v.Promosome LLC
Promosome LLC brought a patent infringement action before the Local Division Munich of the Unified Patent Court against BioNTech and Pfizer entities concerning European patent EP 2 401 365, targeting several Comirnaty® COVID-19 vaccine variants. The defendants raised a preliminary objection challenging the UPC's jurisdiction over the Comirnaty® Original/Omicron BA.1 variant (embodiment 2b), arguing it was produced and sold only before 1 June 2023, making jurisdiction contrary to the non-retroactivity principle under Art. 28 VCLT. The judge-rapporteur held that the preliminary objection was admissible but deferred its final determination to the main proceedings under Rule 20.2 RoP, pending a related Court of Appeal decision.
Atlas Global Technologies GmbH v.Respondent
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 3 353 901. The plaintiff Atlas Global Technologies GmbH filed an infringement action with a counterclaim for revocation against three Vantiva entities. By agreement of both parties, the court ordered the suspension of the proceedings pursuant to Rule 295(a) of the Rules of Procedure, based on the plaintiff's application of April 9, 2025.
Fujifilm Corporation v.Kodak Holding GmbH, Kodak GmbH, Kodak Graphic Communications GmbH
The Court of Appeal of the Unified Patent Court rejected Kodak's application for suspensive effect of its appeal against a decision of the Mannheim Local Division in an infringement action concerning EP 3 511 174. The Local Division had found infringement, ordered a permanent injunction with penalties, damages, information, destruction and recall orders, and dismissed Kodak's counterclaim for revocation. The Court of Appeal held that Kodak failed to demonstrate that the first-instance decision contained manifest errors justifying an exception to the principle that appeals have no suspensive effect under Art. 74(1) UPCA.
Pfizer Manufacturing Belgium NV , Pfizer SAS, Pfizer, Inc. , Pfizer AB v.Promosome LLC
Promosome LLC filed a patent infringement action before the Local Division Munich of the Unified Patent Court against BioNTech and Pfizer entities concerning European patent EP 2 401 365 and various Comirnaty® COVID-19 vaccine variants. The defendants raised a preliminary objection challenging the UPC's jurisdiction over the Comirnaty® Original/Omicron BA.1 variant, arguing it was only produced and sold before 1 June 2023, relying on Article 28 of the Vienna Convention on the Law of Treaties. The judge-rapporteur deferred the preliminary objection to the main proceedings under Rule 20.2 RoP, expressing a non-binding view concurring with existing UPC case law that the UPC has subject-matter competence over allegedly infringing acts committed before the UPCA's entry into force.
BRIDGEMAZE GROUP LLC, AYLO PREMIUM LTD, BROCKWELL GROUP LLC, AYLO FREESITES LTD, AYLO Billing Limited , AYLO BILLING US CORP. v.Respondent
This case concerns an infringement action regarding European Patent EP 2 479 680 before the Local Chamber Mannheim. The defendants filed an application under Rule 9.1 of the Rules of Procedure seeking leave to submit further written arguments regarding alleged contradictory positions taken by the first plaintiff in a parallel US Patent Trial and Appeal Board proceeding involving a related patent (US 8,868,772). The defendants contend that the plaintiff's arguments before the US PTAB regarding features corresponding to features 1.2 and 1.3 of the patent in suit contradict the plaintiff's infringement assertions in the present proceedings.
Emboline, Inc. v.Respondent
1. The one who files a counterclaim for revocation (Art. 32 (1) e) UPCA) is an “Applicant” according to Art. 69 (4) UPCA. 2. Anyone who claims that he would be driven into insolvency in case of an injunction to desist, confirms that his financial position gives rise to a legitimate and real concern that a possible order for costs may not be recoverable. Local Division Munich UPC_CFI_628/2024 ACT_58638/2024 App_8962/2025 2 APPLICANT (CLAIMANT IN THE INFRINGEMENT PROCE
Heraeus Electronics GmbH & Co. KG v.Respondent
This procedural order concerns a dispute over the commencement of the reply deadline in proceedings involving European Patent No. 3 215 288. The plaintiffs (Heraeus) sought an extension of their reply deadline to May 2, 2025, arguing that members of their Confidentiality Club only gained access to the unredacted pleadings on April 1, 2025, rather than March 17, 2025 as the court had assumed. The defendant (Vibrantz) requested clarification that the defendant's reply period begins April 22, 2025 and written proceedings end no earlier than May 22, 2025. The court addressed the question of when time limits begin to run in the context of a provisional Confidentiality Club and the impact of vacation absences of its members.
Siltronic AG v.Respondent
This case concerns an order of the Local Chamber Düsseldorf regarding European Patent EP 3 212 356 B1, directed at a 'shaped saw wire with controlled curvature at bends.' The applicant, Bekaert Binjiang Steel Cord Co. & Ltd., sought evidence preservation measures against the respondents, Siltronic AG and Hinterberger GmbH & Co.KG. Respondent 1 (Siltronic AG) filed an application under Rules 197.3 and 197.4 of the Rules of Procedure seeking review of the inspection and evidence preservation order. The Chamber issued headnotes clarifying that evidence preservation orders may secure evidence of individual infringing acts, that Rule 196.1 RoP is not an exhaustive catalog of measures, and that such orders may include seizure of delivery notes and invoices where justified by the applicant's evidence preservation interest.
ALPINESTARS RESEARCH S.p.A v.Dainese S.p.A.
1. The UPC “shall be deemed to be a court of a Member State” pursuant the Article 71a of the Regulation (EU) n. 1215/2012 (recast) as amended by Regulation (EU) 542/2014. Its interpretation provided for by the Court of Justice of the European Union apply to the UPC as it were a national court. 2. In light of Court of Justice decision in case C-339/2022, 25 February 2025, UPC Milan Local Division has universal jurisdiction to adjudicate on infringement issues related to European patents ove
Edwards Lifesciences Corporation v.Respondent
This is a procedural order from the Local Division Munich of the Court of First Instance concerning European Patent No. 3669828. Edwards Lifesciences Corporation notified the court of its intention to enforce specific parts of a decision dated 4 April 2025 pursuant to Rule 118.8 RoP. The defendants (Meril entities) agreed not to request a translation and confirmed compliance with the relevant orders, and the court ordered the issuance of an authentic paper copy of the decision.
Ona Patents SL v.Apple Inc., Apple Retail Germany B.V. & Co. KG, Apple Retail France EURL, Apple GmbH, Apple Distribution International Ltd.
Procedural order issued by the Düsseldorf Local Division concerning European Patent No. EP 2 263 098 B1, addressing the bifurcation question under Article 33(3) UPCA. The court decided, with the consent of the parties, to hear both the infringement action and the counterclaim for revocation jointly under Article 33(3)(a) UPCA, citing efficiency and the benefit of having validity and infringement decided by the same panel based on a uniform interpretation of the patent.
Syngenta Limited v.Respondent
Syngenta Limited applied to the Local Division Munich for leave to amend its claim to extend the territorial scope of the infringement action to include Poland, the Czech Republic, and the United Kingdom, following the ECJ's decision in BSH Hausgeräte GmbH v. Electrolux AB (C-3999/22). Sumi Agro opposed, arguing the amendment could have been made earlier with reasonable diligence. The Court granted the application, holding that Syngenta could not reasonably have been expected to include the non-UPC territories in its original statement of claim, and adjusted the procedural timetable accordingly.
expert klein GmbH, expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
This case concerns a cost assessment procedure following the revocation of European Patent EP 3 223 320 B1. Seoul Viosys Co., Ltd. had sued expert e-Commerce GmbH and expert klein GmbH for patent infringement, but the Local Chamber Düsseldorf revoked the patent on October 10, 2024, and dismissed the infringement action. The defendants subsequently filed a cost assessment application on December 12, 2024, seeking recovery of €111,000 in total costs, comprising €100,000 for proceedings costs and €11,000 for court costs of the revocation counterclaim.
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