Short Summary
This is a procedural order from the Local Chamber Düsseldorf concerning European Patent EP 3 353 901. The plaintiff Atlas Global Technologies GmbH filed an infringement action with a counterclaim for revocation against three Vantiva entities. By agreement of both parties, the court ordered the suspension of the proceedings pursuant to Rule 295(a) of the Rules of Procedure, based on the plaintiff's application of April 9, 2025.
Detailed Summary
This procedural order was issued by the Local Chamber Düsseldorf in case UPC_CFI_407/2024, involving European Patent No. EP 3 353 901. The plaintiff is Atlas Global Technologies GmbH, represented by its managing director Frank Beel and counsel from Wildanger Kehrwald Graf von Schwerin & Partner mbB. The defendants are three related entities of the Vantiva group: Vantiva SA (France), Vantiva Technologies SAS (France), and Vantiva Technologies Germany GmbH, represented by counsel from Meissner Bolte Patentanwälte Rechtsanwälte Partnerschaft mbB. The case combines an infringement action (Verletzungsklage) with a counterclaim for revocation (Nichtigkeitswiderklage).
The subject of the order was an application for suspension of proceedings (Antrag auf Aussetzung). The plaintiff filed an application on April 9, 2025, registered under App_17300/2024, seeking to stay the main proceedings (ACT_40701/2024) and related cross-border proceedings (CC_60678/2024). The defendants did not oppose the request.
& Analysis: The panel, consisting of Presiding Judge Thomas, legally qualified Judge Dr. Thom, and legally qualified Judge Mlakar, noted that both parties consented to the suspension. Based on this mutual agreement, the court applied Rule 295(a) of the Rules of Procedure (VerfO) as the legal basis for granting the stay.
Final Order & Ruling: The court ordered that the proceedings be suspended by agreement of the parties pursuant to Rule 295(a) VerfO. The suspension covers the plaintiff's application of April 9, 2025 (App_17300/2024) along with all associated sub-files and proceedings related to the main case file ACT_40701/2024 and CC_60678/2024. The order was issued in Düsseldorf on April 17, 2025, with the proceedings conducted in German.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Düsseldorf (DE) Local Division. Understanding the court's reasoning in Atlas Global Technologies GmbH vs Respondent is valuable context for structuring arguments or assessing risk in similar proceedings.
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