Abbott Diabetes Care Inc. v. Dexcom Inc. and Dexcom International Limited

Meril Life Sciences Pvt Limited and OthersvsEdwards Lifesciences Corporation

This procedural order from the Nordic-Baltic Regional Division of the Unified Patent Court concerns a request by the Defendants (Meril Life Sciences and related entities) for the Claimant (Edwards Lifesciences Corporation) to provide security for legal costs in an infringement action concerning EP3769722. The Defendants argued that security was warranted because the Claimant is based in the United States, outside the EU, making enforcement of any cost order potentially difficult. The court dismissed the application, holding that the Claimant's location outside the EU and the lack of experience enforcing UPC orders in the US are not sufficient grounds for ordering security, and that the balance of interests favored the Claimant.

KraussMaffei Extrusion GmbHvsTROESTER GmbH & Co. KG

KraussMaffei Extrusion GmbH sued TROESTER GmbH & Co. KG for infringement of European Patent EP 3 221 117 before the Local Chamber Munich. After the main hearing on 16 April 2024, the parties reached an out-of-court settlement, and the plaintiff withdrew the action with the defendant's consent. The court allowed the withdrawal, terminated the proceedings, and ordered reimbursement of 20% of the paid court fees under Rule 370.9(b)(iii) RoP.

Microsoft CorporationvsSuinno Mobile & AI Technologies Licensing Oy

Microsoft Corporation filed an application requesting that Suinno Mobile & AI Technologies Licensing Oy be ordered to provide additional security for legal costs of at least EUR 500,000 (alternatively EUR 300,000), on top of the EUR 300,000 security already ordered by the Court. The Court characterized the request as one to modify the existing security by increasing its amount, and after reviewing the arguments, dismissed the application, finding that the new circumstances cited by Microsoft did not warrant a reassessment of the adequacy of the security already ordered.

NEC CorporationvsTCL Communication Technology Holdings Ltd. and Others

The Local Division Munich of the Unified Patent Court addressed an application by Access Advance LLC, administrator of a HEVC standard essential patent pool, to intervene in patent infringement proceedings brought by NEC Corporation against multiple TCL entities concerning European patent EP 2 863 637. The court 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 subject to confidentiality restrictions on information already classified as confidential under Rule 262a RoP.

Headwater Research LLCvsMotorola Mobility LLC, Motorola International Sales LLC, Motorola Mobility Germany GmbH, Digital River Ireland Ltd., Flextronics International Europe B.V.

This is a procedural order from the Local Chamber Munich of the Unified Patent Court concerning a patent infringement action based on European Patent EP 3 110 069. The court addressed whether the claimant's naming of 'Lenovo EMEA DC' as Defendant 5 constituted a mere misnomer or the naming of a non-existent party, and whether the case heading could be corrected to substitute 'Flextronics International Europe B.V.' The court applied Rule 305 RoP by analogy to correct the party designation but held that no effective service had been made, requiring re-service and granting the corrected Defendant 5 the full period to respond.