Executive Summary
In this UPC case, Aesculap AG sought provisional measures against Shanghai International Holding Corporation GmbH (Europe). The core dispute revolved around procedural matters: specifically, whether the respondent could receive simultaneous interpretation and participate via video conference during the oral hearing. The court partially granted the request, allowing the respondent to hire an interpreter at their own expense, but rejected the formal application for state-funded interpretation and denied the video conferencing option due to insufficient justification.
What the Court Held — Ratio Decidendi
While a party is entitled to support in language during oral proceedings (Art. 51 Abs. 2 EPGÜ), the costs of such interpretation will not be treated as procedural costs if the party hires an interpreter themselves, especially if they failed to apply within the required timeframe or made a conscious choice regarding their representation. The request for video conference participation was denied due to lack of sufficient justification.
Practitioner Note
This decision partially_granted relief to the petitioner. If you are facing a similar patent dispute before Düsseldorf (DE) Local Division, this precedent supports interim or final relief where the facts are comparable. The ratio regarding the applied tests is particularly relevant for strategy.
Related Cases
GlaxoSmithKline Biologicals SAvsModerna et al.
In a procedural order concerning an infringement and revocation case involving GlaxoSmithKline Biologicals SA and Moderna et al., the UPC Court of First Instance decided to split the combined counterclaim for revocation. The court found that combining the two counterclaims, one for each patent (EP4066856 and EP4226941), was procedurally impractical given the different opposition stages before the EPO. This ruling highlights the UPC's flexibility in managing complex litigation to ensure procedural fairness and proper fee assessment.
Unnamed individual residing in BelgiumvsOrthoApnea S.L.
This UPC Local Division Brussels order addressed a procedural challenge brought by OrthoApnea S.L. against an earlier interim decision concerning claim amendments and deadlines in an infringement action related to EP 2 331 036. The court rejected the request for partial review, upholding the Judge-Rapporteur's initial ruling that allowed certain procedural adjustments while maintaining strict control over the case timeline. This highlights the UPC's rigorous approach to managing complex litigation and limiting opportunities for extensive procedural delays.
InterDigital VC Holdings, Inc.vsAmazon.com, Inc.
In a significant ruling concerning SEP licensing and anti-suit injunctions, the UPC Local Division Mannheim confirmed an order preventing Amazon from pursuing contractual claims in UK courts. The applicants (InterDigital) successfully defended their attempt to enforce measures designed to ensure that patent infringement proceedings before the UPC are not undermined by external legal actions. This decision reinforces the UPC's jurisdiction and its ability to manage complex cross-border disputes involving standard-setting organizations.
Hypertherm Inc.vsTec.Mo. s.r.l.
In a procedural decision, the UPC Local Division of Milan dismissed an infringement action brought by Hypertherm Inc. against Tec.Mo. s.r.l. The case was terminated because both parties had reached a comprehensive out-of-court settlement covering all disputes and litigation costs. Crucially, the court confirmed the refund of 60% of the initial court fees to the claimant under Rule 370.9(c)(i) RoP, demonstrating how procedural rules facilitate efficient case closure upon amicable resolution.
Hewlett-Packard Development Company, L.P.vsAndreas Rentmeister e.K.
HP Development Company successfully obtained provisional measures and a preliminary injunction against Andreas Rentmeister e.K. in the UPC regarding infringement of its 'Logic circuitry' patent (EP 3 835 965 B1). The case, filed under R. 206 RoP, targeted counterfeit printer cartridges (types 924 and 937) sold by both German and Chinese defendants. Crucially, the court also imposed significant penalty payments on the Chinese defendant to enforce compliance with the provisional measures, demonstrating a strong enforcement stance in UPC proceedings.
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Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.