Aesculap AG v. Shanghai International Holding Corporation GmbH (Europe)

Centripetal LimitedvsKeysight Technologies, Inc. et al.

Centripetal Limited sued Keysight Technologies, Inc. and Keysight Technologies Deutschland GmbH for direct infringement of Claim 16 and indirect infringement of Claim 1 of European Patent EP 3 821 580 B1, relating to methods and systems for efficient network protection, in Germany, Italy, France, and the Netherlands. The core dispute centered on the construction of the 'broker' feature and whether the defendants' Network Visibility products implemented the claimed three-stage security system. The Local Division Mannheim dismissed the infringement action, finding that the claimant failed to substantiate that the attacked embodiments performed the claimed broker functionality of determining a cyber analysis system based on threat metadata.

Alexion Pharmaceuticals, Inc.vsAmgen Technology (Ireland) Unlimited Company, Amgen N.V., Amgen GmbH, Amgen AB, Amgen S.A.S., Amgen s.r.l., Amgen Biofarmacêutica Lda., Amgen Zdravila D.O.O.

Alexion Pharmaceuticals, the proprietor of European Patent 3 167 888 B1 relating to the antibody eculizumab for treating paroxysmal nocturnal hemoglobinuria, sought provisional measures against Amgen, which markets BEKEMV®, a biosimilar of Soliris®. The Court of First Instance (Hamburg Local Division) dismissed Alexion's application, and Alexion appealed. The Court of Appeal rejected the appeal, holding that the patent's SEQ ID NO:4 sequence must be interpreted as including 22 extra amino acids at the N-terminus, and that Alexion had failed to demonstrate with sufficient certainty that the skilled person would correct this as an error, rendering the patent claim more likely than not insufficiently disclosed under Art. 83 EPC.

Promosome LLCvsBioNTech SE, BioNTech Manufacturing GmbH, BioNTech Manufacturing Marburg GmbH, BioNTech Innovative Manufacturing Services GmbH, BioNTech Europe GmbH, Pfizer Manufacturing Belgium NV, Pfizer SAS, Pfizer AB, and Pfizer, Inc.

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.

Telefonaktiebolaget LM EricssonvsAsustek Computer Inc., Arvato Netherlands B.V., and Digital River Ireland Ltd.

This case concerns the withdrawal of infringement and revocation proceedings involving EP 2727342 at the Milan Local Division. Following Digital River Ireland Ltd.'s insolvency and winding-up order by the High Court of Ireland, both Ericsson and Digital River sought to withdraw their respective claims against each other. The Court allowed both withdrawals, with the main infringement action continuing against Asustek and Arvato, and ordered both parties to bear their own costs based on principles of fairness and equity.

PHOENIX CONTACT GmbH & Co. KGvsIndustria Lombarda Materiale Elettrico I.L.M.E. S.p.A. and ILME GmbH Elektrotechnische Handelsgesellschaft

This is an order from the Local Division Munich of the Unified Patent Court concerning a procedural objection (R. 19.1(a) and R. 20.1 RoP) raised by the defendants against an infringement action based on European Patent EP 3 602 692. The defendants argued that the court lacked temporal jurisdiction over alleged infringing acts occurring before the entry into force of the UPCA on 1 June 2023. The presiding judge rejected the objection, holding that jurisdiction and applicable law are separate concepts, and that the UPC's jurisdiction under Art. 32(1)(a) UPCA extends to infringement acts that occurred before the UPCA's entry into force and/or between an opt-out and its withdrawal.