technology — European UPC Patent Cases
1,511 decisions indexed
Page 27 of 51 · 1,511 total
ZENTIVA K.S., ZENTIVA PORTUGAL, LDA v.Respondent
(ROP 313) 1) Parallelism between two cases or the allegation that the outcome of a judgment has a direct impact on another does not establish a legal interest to intervention pursuant to RoP 313. 2) The expression 'made in support, in whole or in part, of a claim, order or relief sought by one of the parties' in Rule 313.2 RoP must be interpreted as meaning that the intervening party's remedies must be non-contradictory to those of the party who has been supported, and therefore in accor
Brodrene Hartmann A/S v.Omni-Pac Ekco GmbH Verpackungsmittel, Omni-Pac GmbH Verpackungsmittel
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 2 755 901 B1. The plaintiff Hartmann Packaging A/S (formerly Brødrene Hartmann A/S) brought an infringement action against Omni-Pac Ekco GmbH and Omni-Pac GmbH, who filed a counterclaim for revocation. The court decided, under Article 33(3)(a) EPGÜ in conjunction with Rule 37.2 of the Rules of Procedure, to hear both the infringement action and the revocation counterclaim together in a joint proceeding.
EJP Maschinen GmbH v.MSG Maschinenbau GmbH
This cost-setting proceeding arose from a patent infringement action concerning European Patent EP 3 225 320 B1, in which the plaintiff MSG Maschinenbau GmbH sued defendant EJP Maschinen GmbH. After the EPO Board of Appeal revoked the patent in its entirety, MSG withdrew the main infringement claim, and the court ordered MSG to bear the costs of both the infringement and revocation proceedings. EJP filed an application seeking reimbursement of €20,797.00 in costs for the infringement proceedings, and the court assessed the reasonableness and proportionality of the claimed cost items under Article 69 of the UPC Agreement and Rules 150–152 of the Rules of Procedure.
EJP Maschinen GmbH v.MSG Maschinenbau GmbH
This is a cost assessment decision (Kostenfestsetzungsverfahren) by the Local Chamber Munich concerning the reimbursement of costs arising from prior infringement and revocation proceedings involving European Patent EP 3 225 320 B1. After the EPO Board of Appeal fully revoked the patent, the plaintiff (MSG Maschinenbau GmbH) withdrew its infringement action, and the court ordered the plaintiff to bear the costs of both the infringement proceedings and the revocation counterclaim proceedings, each with a value in dispute of €500,000. The defendant (EJP Maschinen GmbH) filed an application seeking reimbursement of its costs, including €20,797.00 for the infringement proceedings.
Medac Gesellschaft für klinische Spezialpräparate m.b.H. v.Respondent
This procedural order concerns an application by Medac Gesellschaft für klinische Spezialpräparate m.b.H. under Rule 262.1(b) RoP in infringement proceedings (UPC_CFI_146/2024) involving Sanofi entities as claimants and STADA entities as defendants regarding European patent EP 2 493 466. Medac had uploaded a privileged and confidential letter from Sanofi as 'Exhibit 2' in unredacted form, prompting objections from Sanofi. The court permitted the withdrawal of the application and the exhibit, ordered Medac to bear the costs of removing the exhibit from the CMS, imposed a recurring penalty for any future use of the document, and issued a warning to Medac's representative for negligent breach of the Code of Conduct.
Chint Solar Netherlands B.V. , Astronergy Europe GmbH , Astronergy Solarmodule GmbH , Chint New Energy Technology Co., Ltd., Astronergy GmbH, Astronergy Solar Netherlands B.V. v.Respondent
With regard to a country that fails to fulfil its obligations under the Hague Service Convention, it has to be assumed that an order for reimbursement of costs by the UPC may not be enforceable in this country or just in an unduly burdensome way. Local Division Munich UPC_CFI_425/2024 ACT_42211/2024 App_54919/2024 APPLICANTS (DEFENDANTS IN THE INFRINGEMENT PROCEEDINGS) 1. Chint New Energy Technology Co., Ltd., NO.1 Jisheng Road, Jianshan New Zone, 314415 Haining City, Zhejiang
Adeia Guides Inc. v.The Walt Disney Company (Benelux) B.V., The Walt Disney Company Limited, Disney Interactive Studios, Inc.
This case concerns a rectification of a scheduling order in an infringement action involving European Patent No. 2 793 430. The court identified a typographical error in Item 4 of the scheduling order dated 18 March 2025 and ordered its correction to accurately reflect the oral hearing arrangements. The corrected Item 4 specifies that the oral hearing is scheduled for 15 January 2026 at 9:00 a.m., to be held in person in Munich.
Adeia Guides Inc. v.The Walt Disney Company (Benelux) B.V. ao
This is a procedural order in a patent infringement action brought by Adeia Guides Inc. against three Walt Disney entities concerning European Patent No. 2 793 430. The court scheduled the proceedings, setting dates for the written procedure, interim conference, and oral hearing, and confirmed that both the infringement action and the counterclaim for revocation would proceed together with the parties' consent.
Roku International B.V., Roku Inc. v.Sun Patent Trust
This is a procedural order from the Local Chamber Munich concerning an objection (Einspruch) filed by the defendants under Rule 19.1 of the Rules of Procedure against a patent infringement action based on European Patent EP 2 903 267. The court addressed four key preliminary issues: whether alleged incompatibility of the UPC Agreement with EU primary law constitutes a ground for objection, whether violations of the EU Charter or ECHR can support such an objection, whether the plaintiff must proactively prove its representative's authority regarding the opt-out withdrawal, and the standard for establishing jurisdiction. The court ruled against the defendants on all four points, finding that the objection should be rejected.
Roku Inc, Roku International B.V. v.Dolby International AB
This procedural order concerns an objection filed by Roku under Rule 19(1) of the Rules of Procedure against a patent infringement action brought by Dolby International AB concerning European Patent EP 3 490 258. The defendants argued that the legal framework of the Unified Patent Court is incompatible with EU primary law (TFEU and TEU) and that Art. 267 TFEU is violated, also raising alleged breaches of Art. 47(2) of the EU Charter and Art. 6(1) ECHR. The court rejected these arguments, holding that alleged incompatibility with EU primary law is not a ground for objection under Rule 19(1), and that such an objection cannot be successfully based on violations of the EU Charter or ECHR.
Hand Held Products, Inc. v.Respondent
This is a procedural order concerning two consolidated infringement actions (UPC_CFI_73/2024 and UPC_CFI_408/2024) involving European Patent No. 3 866 051. Both parties jointly requested leave to withdraw the main action and counterclaim without a cost decision, and the defendant additionally sought partial reimbursement of court fees. The presiding judge granted the withdrawal, terminated the proceedings, cancelled the oral hearing, and ordered a 40% reimbursement of the counterclaim court fee to the defendant because the interim proceedings had not yet concluded at the time of withdrawal.
PRINOTH S.P.A. v.XELOM S.R.L.
Prinoth S.p.A., a world leader in the production of snow groomers and tracked vehicles, sought an ex parte order for preservation of evidence, inspection, and seizure against Xelom S.r.l., an innovative start-up belonging to the Technoalpin group. Prinoth alleged that Xelom's newly developed electric snow groomer (Snow Cat), which had been deployed at several ski resorts in Austria, South Tyrol, Trento, Stockholm, and Bolzano, infringed its European patents EP1995159 and EP2507436 relating to snow groomers and their control methods. The Presiding Judge determined that the conditions for extreme urgency were not met and appointed a Judge Rapporteur to convene the applicant for further clarifications regarding documents and search keywords.
Daedalus Prime LLC v.MediaTek Inc. (Headquarters)
This procedural order from the Local Chamber Hamburg addressed a preliminary objection under Rule 19 RoP concerning international jurisdiction. The claimant, Daedalus Prime LLC, proprietor of European Patent EP 2 792 100, sought an injunction against Xiaomi entities and MediaTek Inc. for alleged infringement relating to Xiaomi smartphones equipped with MediaTek Dimensity processors. The court examined the interplay between Art. 31 UPCA and the Brussels-Ia-Regulation, particularly Art. 71b(2) and Art. 7(2), to determine whether the UPC has international jurisdiction over defendants domiciled outside the EU for patent infringements committed in UPC Member States.
Meril Life Sciences Pvt Ltd., Meril Gmbh v.Edwards Lifesciences Corporation
In an infringement action concerning European patent EP 3 646 825, the Local Division Munich addressed competing applications for protection of confidential information filed by Edwards Lifesciences Corporation and Meril in connection with Edwards' cost application. The court distinguished between Rule 262A RoP (restriction of access vis-à-vis parties) and Rule 262.2 RoP (restriction of access vis-à-vis the public and third parties), ultimately granting Edwards protection under Rule 262.2 RoP while rejecting the Rule 262A RoP requests of both parties.
Tandem Diabetes Care, Inc, Tandem Diabetes Care Europe B.V., Rubin Medical ApS, c/o Diatom A/S v.Respondent
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 1 970 677 B1. The plaintiffs, F. Hoffmann-La Roche AG and Roche Diabetes Care GmbH, filed a patent infringement action against six defendants including Tandem Diabetes Care entities and various healthcare distributors. Defendants 4 (Dinno Santé s.a.i., France) and 5 (Air Liquide Healthcare Nederland B.V., Netherlands) requested simultaneous interpretation of the oral hearing scheduled for April 9, 2025, citing insufficient German language skills of their attending representatives.
Microsoft Corporation v.Respondent
Microsoft Corporation filed a procedural application seeking rejection of Suinno Mobile & AI Technologies Licensing Oy's infringement action as manifestly inadmissible, arguing that Suinno's appointed representative was ineligible because he held extensive administrative and financial powers within the company. The Court considered a prior Court of Appeal order confirming that natural persons with extensive administrative and financial powers within a legal person cannot serve as its representative before the UPC. The Court held that the lack of valid representation does not lead to inadmissibility of the action, but rather requires granting the affected party an opportunity to remedy the representation deficit.
Syngenta Limited v.Respondent
This case concerns an application by Sumi Agro to revoke provisional measures previously granted in favor of Syngenta Limited regarding European patent EP 2 152 073. The dispute centered on whether Syngenta had timely 'started proceedings on the merits' within the deadline set under Rule 213.1 RoP, given that the Statement of Claim was uploaded to the CMS on 27 September 2024 but the court fee was received on 30 September 2024. The Local Division Munich upheld the judge-rapporteur's dismissal of Sumi Agro's application, finding that Syngenta had started proceedings in due time, and granted leave to appeal.
President and Fellows of Harvard College v.Respondent
The Court of Appeal issued an order regarding applications for reimbursement of court fees in three appeal proceedings related to European Patent EP 4108782. Following the permitted withdrawal of the appeals against three contested orders of the Court of First Instance (Local Division Hamburg), 10x Genomics and Harvard College applied for partial reimbursement of court fees. The Court of Appeal granted the applications, ordering 60% reimbursement for one appeal withdrawn before completion of written proceedings and 20% reimbursement for two appeals withdrawn before completion of oral proceedings, finding that the requirements of Rule 370.9(b) of the Rules of Procedure were met.
Hurom Co., Ltd. v.NUC Electronics Co., Ltd
This procedural order concerns a patent infringement action regarding European Patent No. EP 2 028 981 before the Local Division Mannheim. The panel decided to separate the proceedings with respect to national parts of the traditional European bundle patent that were not yet ready for decision, particularly those concerning non-UPC countries (Poland, Spain, Turkey, and the United Kingdom), pending the European Court of Justice's decision in Case C-339/22 (BSH Hausgeräte) on international jurisdiction under the Brussels Ia Regulation. The court reasoned that withholding a decision on the merits for national parts over which it had jurisdiction would unjustifiably delay enforcement of the claimant's potential patent rights.
Hurom Co., Ltd. v.NUC Electronics Europe GmbH, WARMCOOK
This case concerns a patent infringement action brought by Hurom Co., Ltd. against NUC Electronics Europe GmbH and WARMCOOK regarding European Patent No. EP 2 028 981 B1. The Local Division Mannheim addressed the question of which substantive law applies to alleged infringing acts of traditional European bundle patents in relation to the entry into force of the UPCA on 1 June 2023. The court held that the UPCA substantive law applies to acts committed after 1 June 2023 and to ongoing acts that continued after that date, while substantive national laws apply to acts committed before that date. The court also ruled that the right to information under the UPCA encompasses time periods predating the entry into force of the UPCA.
BioNTech Innovative Manufacturing Services GmbH , Pfizer Manufacturing Belgium NV , Pfizer SAS, BioNTech Manufacturing GmbH , Pfizer AB , BioNTech Manufacturing Marburg GmbH , BioNTech Europe GmbH , Pfizer, Inc. , BioNTech SE v.Promosome LLC
This is a procedural order from the Local Division Munich of the Unified Patent Court concerning a patent infringement action brought by Promosome LLC against multiple BioNTech and Pfizer entities regarding European patent EP 2 401 365. Promosome applied under Rule 262A of the Rules of Procedure for the protection of confidential information contained in Exhibits VB 4a and VB 4b, which relate to an underlying license agreement and its amendment. The Court granted the application, classifying the information as confidential and restricting access to specifically identified representatives and natural persons on behalf of the Defendants.
Tridonic GmbH & Co KG v.CUPOWER Shenzhen Xiezhen Electronics Co., Ltd, CUPOWER Europe GmbH
This case concerns European Patent EP 2 011 218 B1 relating to a Boost Power Factor Correction (Boost-PFC) circuit, with claims 7 to 10 at issue. The plaintiff Tridonic GmbH & Co. KG brought an infringement action against CUPOWER Shenzhen Xiezhen Electronics Co., Ltd. and CUPOWER Europe GmbH, while the defendants filed a counterclaim for revocation. The court rejected new attacks on the validity of the patent that were raised for the first time during the oral hearing, holding that strategic tactics aimed at surprise effects are foreign to the Rules of Procedure.
President and Fellows of Harvard College, 10x Genomics, Inc. v.Respondent
This order concerns three appeals filed by 10x Genomics and Harvard College against orders of the Local Division Hamburg of the Unified Patent Court in infringement proceedings against Vizgen concerning EP 4108782. The Court of First Instance had partially granted Vizgen's three requests under Rule 190.1 of the Rules of Procedure for the production of documents. 10x filed appeals against those orders but subsequently applied for withdrawal of all three appeals, to which Vizgen consented. The Court of Appeal allowed the withdrawal of the appeals and noted that no cost decision was necessary since both parties had waived cost claims.
Sumi Agro Europe Limited v.Syngenta Limited
This appeal concerned provisional measures in a patent infringement dispute over European Patent EP 2 152 073 relating to herbicidal compositions. The Court of Appeal of the Unified Patent Court largely upheld the Munich Local Division's order finding that Sumi Agro's 'Kagura' herbicide more likely than not infringed the patent, while adding Romania to the territorial scope and reversing the cost decision to order Sumi Agro to bear Syngenta's costs.
Brodrene Hartmann A/S v.Respondent
This procedural order concerns European Patent EP 2 755 901 B1 and addresses applications by both parties for leave to exchange further pleadings under Rule 36 RoP in infringement proceedings. The Local Chamber Düsseldorf denied the applications, finding that the plaintiff had failed to file a proper Rule 36 application and instead improperly introduced new arguments on equivalent patent infringement in its rejoinder to the counterclaim for revocation. The court held that the decision to allow further pleadings lies in the discretion of the Rapporteur and requires substantial reasons given the goal of conducting oral hearings within one year of filing.
Pfizer SA, Pfizer Luxembourg S.a.r.l., Laboratórios Pfizer, Lda., Pfizer Pharma GmbH, Pfizer Aps, Pfizer B.V., Pfizer S.r.l., Pfizer Oy, Pfizer Corporation Austria GmbH, Pfizer Service Company S.r.l., Pfizer AB, Pfizer Manufacturing Belgium NV, Pfize v.Respondent
This procedural order concerns a patent infringement action filed by GlaxoSmithKline Biologicals SA against multiple Pfizer entities regarding EP 4 183 412. The Düsseldorf Local Division referred the counterclaim for revocation to the Milan Central Division and decided to proceed with the infringement action rather than stay it. The court also granted a one-month extension for the Defendants to file their Rejoinder, extending the deadline to 13 April 2025.
Headwater Research LLC v.Samsung Electronics France S.A.S, Samsung Electronics GmbH, Samsung Electronics Co. Ltd.
This is a procedural order issued by the Local Division Munich of the Unified Patent Court following an Interim Conference in proceedings concerning European Patent No. 2 391 947. The order addresses various procedural matters including the value of the claim and counterclaim, parallel proceedings, formal pleading deficiencies, late-filed documents, and arrangements for the upcoming oral hearing. The Court confirmed the oral hearing date of 20 May 2025 and set the value of the infringement claim at €2 million and the counterclaim for revocation at €3 million.
Curio Bioscience, Inc v.10x Genomics, Inc.
This is an appeal before the Court of Appeal of the Unified Patent Court concerning the withdrawal of an appeal. Curio Bioscience, Inc. had appealed an order of the Düsseldorf Local Division requiring it to provide security for legal costs of EUR 200,000 in favor of 10x Genomics, Inc. in connection with a patent infringement action regarding EP 2 697 391. Curio subsequently applied to withdraw its appeal, and 10x did not object, leading the Court of Appeal to permit the withdrawal and close the proceedings.
Applicant v.Defendant
1 Local Division Mannheim UPC_CFI_142/2025 Procedural Order of the Court of First Instance of the Unified Patent Court issued on 3 March 2025 Applicant […] represented by: […] electronic address for service: […] Defendant […] PATENT AT ISSUE: […] PANEL/DIVISION: Lo
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This order was issued by the Court of First Instance in infringement proceedings concerning European patent EP 2 671 173, following a Court of Appeal determination that the claimant's appointed representative could not validly serve as a representative of the legal person due to holding extensive administrative and financial powers. The judge-rapporteur invited written submissions from the parties on the consequences of this inability to serve. The claimant requested that the representative be allowed to continue or, alternatively, be given time to correct the representation configuration, while the defendant sought rejection of the action as manifestly inadmissible and a default decision revoking the patent in the counterclaim proceedings.
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