technology — European UPC Patent Cases
1,511 decisions indexed
Page 47 of 51 · 1,511 total
Tesla Manufacturing Brandenburg SE, Tesla Germany GmbH v.Avago Technologies International Sales Pte. Limited
This procedural order concerns a request by the defendants (Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE) to classify certain information in their Rejoinder as confidential trade secrets under Rule 262A, specifically projected sales figures for a potential twelve-month enforcement period following a possible injunction. The defendants sought to restrict access to no more than three named reliable persons. The plaintiff (Avago Technologies) opposed the request, arguing it was a delay tactic and sought to lift the preliminary access restrictions. The Judge-Rapporteur of the Local Chamber Hamburg issued a final procedural order addressing the confidentiality and access restriction application.
Curio Bioscience Inc. v.10x Genomics, Inc.
This order concerns an application under Rule 262A of the Rules of Procedure to restrict access to confidential information or evidence to certain persons during appeal proceedings. Curio Bioscience Inc., the appellant and defendant in the main proceedings before the Court of First Instance, sought to restrict access to a redacted document (Annex CR-1) filed in support of its appeal against the rejection of its request to change the language of proceedings from German to English. The Court of Appeal held that an unappealed order of the Court of First Instance under Rule 262A restricting access to certain information remains in effect after the conclusion of proceedings, including during appeal proceedings, unless otherwise specified.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
This is a Court of Appeal decision concerning EP 3 476 616 (DE and UK designations) relating to lithographic/printing plates. Fujifilm had sued Kodak for patent infringement before the Mannheim Local Division, and Kodak counterclaimed for revocation. The Court of Appeal reversed the first instance's revocation of the German designation, finding the patent valid and infringed by Kodak's Sonora plates, and granted extensive remedies including injunction, recall, destruction, and damages. For the UK designation, the Court of Appeal dismissed Fujifilm's appeal and held that the condition for Kodak's counterclaim for revocation was not fulfilled.
NOVAWELL v.C-KORE SYSTEMS LIMITED
1 Paris Local Division UPC_CFI_397/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 26/03/2024 APPLICANT: C-KORE SYSTEMS LIMITED 3 Bramley's Barn The Menagerie, Skipwith Road - YO19 6ET - Escrick - GB Represented by Denis Schertenleib RESPONDENT: NOVAWELL
10x Genomics, Inc. v.Curio Bisscience Inc.
In this legal proceeding before Düsseldorf (DE) Local Division (decision issued on 2024-03-22) under reference UPC-001556, 10x Genomics, Inc. appeared in dispute with Curio Bisscience Inc. concerning patent rights and legal remedies.
Netgear Inc., Netgear International Limited, NETGEAR Deutschland GmbH v.Huawei Technologies Co. Ltd
This case concerns an appeal before the Court of Appeal regarding procedural remedies against decisions of the Rapporteur concerning objections (Einspruch) under Rule 19 RoP. The appellants (Netgear entities) challenged a procedural order from the first instance dated December 11, 2023, in proceedings involving alleged infringement of European Patent EP 3 611 989. The Court of Appeal addressed the proper procedural pathway for challenging the Rapporteur's decisions on objections, clarifying the interplay between Rule 333.1 RoP review by the panel and Rule 220.2/220.3 RoP appeals.
ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v.Osaka University, Healios K.K
This is a revocation action concerning European Patent No. EP3056564, owned by Healios K.K. and Osaka University, brought by Astellas Institute for Regenerative Medicine. The order was issued by the judge-rapporteur following an interim conference held on 13 March 2024 via video conference, addressing procedural matters in preparation for the oral hearing. Key decisions included confirming the parties' maintained requests, addressing the status of parallel EPO opposition proceedings (with defendants declining a stay), and admitting the second declaration (D21) into the proceedings subject to conditions on the defendants' reply.
ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v.Healios K.K, Riken, Osaka University
This case concerns a revocation action regarding European Patent No. EP3056563, owned by Healios K.K., Riken, and Osaka University, with Astellas Institute for Regenerative Medicine as the claimant. Following an interim conference held on 13 March 2024 via video conference, the judge-rapporteur issued procedural decisions on the admissibility of evidence and the value of the dispute. The court admitted a second declaration (D18) into the proceedings subject to conditions, and set the value of the dispute at 4,000,000 EUR for the purpose of applying the scale of ceilings for recoverable costs.
Laser Components SAS v.Respondent
1 Division locale de Paris UPC_CFI_440/2023 Ordonnance procédurale du Tribunal de première instance de la Juridiction unifiée du brevet rendue le 13/03/2024 DEMANDEUR: Laser Components SAS 45B Route des Gardes 92190 Meudon - FR Representé par Helge von Hirschhausen DEFENDEUR: Seoul Viosys Co., Ltd 6
UPC Decision UPC-001562 v.Respondent
UPC Court of Appeal UPC_CoA_5/2024 PR_APL_189/2024 ORDER of the President of the Court of Appeal of the Unified Patent Court issued on 14 March 2024 pursuant to Rule 229.5 RoP HAEDNOTE Under Rule 220.2 RoP an appeal from an order without leave is inadmissible from the outset and, as
UPC Decision UPC-001561 v.Respondent
UPC Court of Appeal UPC_CoA_5/2024 PR_APL_189/2024 ORDER of the President of the Court of Appeal of the Unified Patent Court issued on 14 March 2024 pursuant to Rule 229.5 RoP HAEDNOTE Under Rule 220.2 RoP an appeal from an order without leave is inadmissible from the outset and, as
Steindl Krantechnik Gesellschaft m.b.H. v.BEHA Bau- und Forstgreiftechnik, Inh. Georg Beha e.K.
This case concerned an application for provisional measures related to European Patent EP 3 287 315 before the Local Chamber Munich. Following an oral hearing on January 30, 2024, the parties reached a preliminary settlement, and the claimant subsequently filed an application under Rule 365 of the Rules of Procedure to confirm the settlement. The defendant consented to the settlement and both parties jointly requested its confirmation, confidentiality of its details, and noted that costs were already settled within the agreement.
Netgear Deutschland GmbH, Netgear Inc., Netgear International Limited v.Huawei Technologies Co. Ltd.
This procedural appeal before the Court of Appeal concerned the time limits available to Netgear for filing a Statement of Defense and any counterclaim for revocation after Huawei extended its infringement action to include a second European patent (EP 3678321). The Local Division Munich had ordered the second patent's claims to be separated from the main proceedings under Rule 302.1 of the Rules of Procedure. During the interim hearing, Netgear conditionally withdrew its requests to set aside the separation order and to reject the claim extension, provided Huawei agreed to a three-month deadline to respond to the claim extension running from the Court of First Instance's order of January 18, 2024.
Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc. v.Huawei Technologies Co. Ltd
This procedural appeal before the Court of Appeal concerned the time limit for filing a Statement of Defense after a claim extension to add a new patent. Huawei had originally filed an infringement action on June 1, 2023, based solely on EP 3611989, and later sought to extend the claim to include EP 3678321. The Local Division Munich allowed the extension, prompting Netgear to appeal. The Court of Appeal addressed whether the defendant must be afforded the same time limit to respond to a newly added patent as would apply if a fresh action had been filed regarding that patent.
10x Genomics, Inc. v.Curio Bioscience Inc.
The Düsseldorf Local Division ordered the release of a €200,000 security for costs deposited by Curio Bioscience Inc. in proceedings concerning EP 2 697 391 B1. Following the Court's cost decisions and the Claimant's receipt of the amounts owed, the Defendant applied for release of the security, to which the Claimant did not object.
NETGEAR Deutschland GmbH, Netgear International Limited, Netgear Inc. v.Huawei Technologies Co. Ltd
This is an order from the Court of Appeal concerning a procedural appeal filed by Netgear against a decision of the Local Division Munich that separated the portion of the action based on European Patent EP 3678321 from the main proceedings under Rule 302.1 of the Rules of Procedure. The central legal principle established is that the principle of due process requires that when a new patent is added to an already pending action, the defendant must be granted the same time limit to file a statement of defense—and potentially a counterclaim for revocation—as would apply if a new action had been filed regarding that patent. During the interim hearing, Netgear conditionally withdrew certain requests subject to Huawei's agreement on an extended three-month response deadline.
NanoString Technologies Germany GmbH, NanoString Technologies Netherlands B.V., NanoString Technologies Inc. v.10x Genomics, Inc., President and Fellows of Harvard College
This is a corrigendum order from the Court of Appeal correcting Headnote 2, paragraph 3 of a prior order dated February 26, 2024, due to an obvious incorrectness. The case concerns European Patent EP 4 108 782 and involves proceedings on provisional measures between 10x Genomics and Harvard College as applicants/appellees and NanoString Technologies entities as respondents/appellants. The corrected headnote restates the principles of patent claim interpretation under Article 69 EPC and its Protocol, clarifying that the patent claim is not merely the starting point but the decisive basis for determining the scope of protection.
AUGUST DEBOUZY v.Respondent
Martin Lionel applied under Rule 262(1)(b) of the Rules of Procedure for public access to several Registry documents and communications related to revocation proceedings (UPC_CFI_263/2023) between BITZER Electronics A/S and Carrier Corporation concerning European patent EP 3 414 708. The respondents did not submit any comments on the application. The judge-rapporteur held that Rule 262(1)(b) covers only written pleadings and evidence lodged by the parties, and does not extend to Registry communications, formal-checks notifications, or court orders on procedural matters such as stays.
Edwards Lifesciences Corporation v.Respondent
This order concerns procedural requests by the plaintiff Edwards Lifesciences Corporation in infringement proceedings regarding European Patent EP 3 646 825. The plaintiff requested that the interim hearing scheduled for March 14, 2024 be held in person rather than by video conference, and that the court provide simultaneous interpretation from German to English. The presiding judge denied both requests, holding that switching from video to in-person requires demonstrated unconditional necessity, and that the plaintiff must resolve the tension created by its own choice of German as the procedural language for an English-granted patent with international parties.
Plant-e, Plant-e Knowledge v.Arkyne Technologies S.L.
In this legal proceeding before The Hague (NL) Local Division (decision issued on 2024-03-04) under reference UPC-001572, Plant-e, Plant-e Knowledge appeared in dispute with Arkyne Technologies S.L. concerning patent rights and legal remedies.
Plant-e Knowledge B.V., Plant-e B.V. v.Arkyne Technologies S.L.
This document is uploaded for technical (CMS ) reasons only, in order to close the workflow. Margot Elsa KOKKE Digitally signed by Margot Elsa KOKKE Date: 2024.12.13 17:26:00 +01'00'
10x Genomics, Inc. v.Curio Bioscience Inc.
The Düsseldorf Local Division ordered the release of a €200,000 security for costs deposited by Curio Bioscience Inc. in proceedings concerning EP 2 697 391 B1. Following the Court's cost decisions and the Claimant's receipt of the amounts owed, the Defendant applied for release of the security, to which the Claimant did not object.
C-KORE SYSTEMS LIMITED v.NOVAWELL
This procedural order concerns a review request filed by Novawell against an ex parte saisie order granted to C-Kore Systems Limited, the proprietor of European patent EP 2 265 793 relating to subsea apparatus and testing. The Court examined whether Novawell's review request was filed within the 30-day time limit under Rule 197.3 of the Rules of Procedure, addressing when the 'execution of the measures' begins for purposes of calculating that deadline. The Court also considered the criteria for granting the ex parte order, the distinction between preserving evidence and inspection procedures, and the conformity of the saisie carried out by an expert assisted by a bailiff with French national law.
ICPillar LLC v.Respondent
1 Paris Local Division UPC_CFI_495/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 28/02/2024 APPLICANT ICPillar LLC 4265 San Felipe Street, Suite 1100 77027 - Houston, Texas - US Represented by Lionel Martin RELEVANT OTHER PARTIES ARM Limited 110 Fulbou
Seoul Viosys Co., Ltd v.Laser Components SAS
1 Division locale de Paris UPC_CFI_440/2023 Ordonnance du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 27/02/2024 DEMANDEUR : 1) Seoul Viosys Co., Ltd 65-16, Sandan-ro 163beon-gil, Danwon-gu - 15429 - Ansan-si, Gyeonggi-do - KR Représenté par Pauline Debré DÉFENDEUR :
Meril Italy srl v.Respondent
This case concerns a generic application (App_7364/2024) lodged within a revocation action (UPC_CFI_255/2023) regarding European patent EP 3646 825. The claimant, Meril Italy srl, requested permission to exchange further written pleadings, arguing that the defendant, Edwards Lifesciences Corporation, introduced new defence arguments in its rejoinder regarding the priority issue and the alleged scope of the patent. The presiding judge and judge-rapporteur Paolo Catallozzi considered the request under Rule 36 of the Rules of Procedure, which confers discretionary powers to the judge-rapporteur to allow further exchange of written pleadings upon a reasoned request.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
This is an appeal before the Court of Appeal concerning provisional measures related to European Patent EP 4 108 782. The appellants (NanoString Technologies entities) appealed against an order in proceedings initiated by the respondents (10x Genomics and Harvard College). The order addresses key legal principles including the examination of formal requirements under Rule 206.2 RoP, the interpretation of patent claims under Article 69 EPC, and the standard of sufficient degree of certainty required for provisional measures under Rule 211.2 RoP.
10x Genomics, Inc., President and Fellows of Harvard College v.Respondent
This case concerns an appeal before the Court of Appeal of the Unified Patent Court regarding preliminary measures for alleged infringement of European Patent EP 4 108 782. After the oral hearing on December 16, 2023, all three NanoString entities filed for Chapter 11 bankruptcy in the US Bankruptcy Court for the District of Delaware on February 4, 2024. The applicants (10x Genomics and Harvard) requested that the proceedings be stayed due to the insolvency, and the respondents (NanoString) agreed. The Court of Appeal held that, under principles of procedural economy, cost efficiency, and fair balance of interests, the proceedings did not need to be stayed because the insolvency occurred only after the close of oral hearings and the case was ready for decision.
AIM Sport Development AG v.Supponor Oy, Supponor Italia SRL, Supponor SASU, Supponor Limited, Supponor España SL
This order concerns two appeals filed by AIM Sport Development AG against a decision of the Local Division Helsinki that dismissed AIM's requests for a preliminary injunction, evidentiary measures, and an infringement action relating to European patent EP 3 295 663, on the ground that the patent had been opted out of the Unified Patent Court. The Court of Appeal identified a potential procedural defect: AIM lodged its Statement of appeal on 20 December 2023, within two months of service, whereas the applicable Rule 224.1(b) RoP requires appeals against orders under Articles 60 and 62 UPCA to be lodged within 15 days of service. The Court invited both parties to submit written comments on whether the non-compliance should lead to inadmissibility of the appeal.
NanoString Technologies Inc.; NanoString Technologies Germany GmbH; NanoString Technologies Netherlands B.V. v.President and Fellows of Harvard College; 10x Genomics, Inc.
This is an appeal order from the Court of Appeal concerning provisional measures related to European Patent EP 4 108 782. The applicants, 10x Genomics and Harvard College, sought provisional measures against NanoString Technologies entities. The order addresses key legal principles regarding formal requirements for provisional measure applications, patent claim interpretation under Article 69 EPC, and the standard of sufficient certainty required under Rule 211.2 RoP. The decision establishes important guidance on burden of proof allocation between applicants and defendants in provisional measure proceedings.
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