Short Summary
This is a default judgment (Versäumnisentscheidung) issued by the Local Chamber Düsseldorf in an infringement action concerning European Patent EP 3 912 243 B1. The plaintiff, igus GmbH, a German company based in Cologne, holds the patent directed to a compact cable guide for cleanroom applications with a sheath unit and clamping device. The defendant, Whale Technology (Shanghai) Co., Ltd., a Chinese company, failed to appear in the proceedings, leading to the default ruling. The patent was filed on January 14, 2020, granted on March 20, 2024, and granted unitary effect on April 17, 2024.
Detailed Summary
The plaintiff, igus GmbH, represented by its managing directors Frank Blase, Michael Blaß, Artur Peplinski, Dr. Thilo Konrad Schultes, and Tobias Vogel, is the proprietor of European Patent EP 3 912 243 B1 (the patent-in-suit). igus GmbH is based in Cologne, Germany, and was represented in the proceedings by attorneys Dr. André Sabellek and Tabea Schäfer of rospatt Rechtsanwälte PartGmbB in Düsseldorf. The defendant is Whale Technology (Shanghai) Co., Ltd., a Chinese company represented by its Board of Directors, located at Floor 2, Building B, No. 1200 Fenghua Road, Jiading District, Shanghai, People's Republic of China.
The patent-in-suit was filed on January 14, 2020 in German as the procedural language. The patent application was published on November 24, 2021, and the mention of the grant was published on March 20, 2024. A request for unitary effect was filed on April 8, 2024, and unitary effect was registered on April 17, 2024, taking effect as of March 20, 2024.
The patent-in-suit protects a "compact cable guide for cleanroom applications, as well as sheath unit and clamping device therefor." Independent claim 1 describes a cable guide for cables, hoses, or similar lines for cleanroom applications, comprising an elongated, flexible sheath that can be moved back and forth, particularly forming a deflection arc between two runs, with the flexible sheath being closable at each end by a clamping device to prevent particle escape. The sheath comprises at least one sheath unit forming at least one tubular receptacle for guiding at least one line, with each receptacle extending channel-like in a longitudinal direction from a first end to a second end. The sheath has a plurality of these tubular receptacles running parallel to one another for the separate guidance of at least one line each. The characterizing feature is that the at least one sheath unit has, on at least one receptacle, particularly laterally, at least one functional area extending in the longitudinal direction, which comprises two closure profiles of a closure, wherein one closure profile cooperates with the other closure profile for dust-tight closing of an opened state in which a line can be inserted or removed transversely to the longitudinal direction.
The figures of the patent illustrate preferred embodiments, including Figure 1A showing the end region of a movable cable guide with a flexible sheath, and Figure 12 showing a sheath unit with a functional area with a closure having two closure profiles.
& Analysis: The decision was rendered as a default judgment (Versäumnisentscheidung) by the Court of First Instance. The panel consisted of Presiding Judge Thomas, legally qualified Judge Dr. Schumacher as Rapporteur, and legally qualified Judge Agergaard. The proceedings were conducted in German. The subject matter of the case was an infringement action (Verletzungsklage).
Final Order & Ruling: The judgment was issued on August 5, 2025, as a default decision due to the defendant's failure to appear or respond in the proceedings. The full operative provisions and detailed reasoning of the ruling are not contained in the provided text excerpt, which ends mid-sentence during the description of the defendant.
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 igus GmbH vs Respondent is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Microsoft CorporationvsRespondent
This order concerns Microsoft Corporation's request for leave to appeal a prior order (ORD_62739/2024) that granted the respondent Suinno Mobile & AI Technologies Licensing Oy leave to reduce its damages claim to €2 million in an infringement action concerning European patent EP 2 671 173. Microsoft argued that leave to appeal would clarify the scope and limits of the Court's powers in interpreting a party's request under Article 76(1) UPCA and the admissible scope of an application under Rule 263 RoP. The Court addressed the legal framework for granting leave to appeal, noting it is an exception to the general principle that interlocutory orders may only be reviewed together with the appeal against the final decision.
ONWARD Medical N.VvsNiche Biomedical, Inc.
ONWARD Medical N.V. sought interim injunctive relief against Niche Biomedical, Inc. (doing business as ANEUVO) for alleged infringement of European Patent EP 3 421 081 B1, directed to a system for neuromodulation. The Local Chamber Munich of the Unified Patent Court addressed the legal principle that auxiliary requests seeking interim measures based on alternative claim formulations deviating from the granted patent version are generally inadmissible in provisional proceedings under Article 62 EPGÜ. The court held that a patent proprietor's request to amend the claim formulation indicates that the patent as granted is likely invalid, undermining the court's ability to assess the validity required for granting interim relief.
Aesculap AGvsShanghai Bojin Medical Instrument Co. Ltd. a. o.
This procedural order was issued by the Local Chamber Düsseldorf in a patent infringement case concerning European Patent EP 2 892 442 B1, brought by Aesculap AG against three Shanghai Bojin-related entities. The court addressed four procedural matters: scheduling the oral hearing, the claimant's request to extend claims to include an additional product called the 'Bojin Rosenfräser,' the addition of Shanghai Bojin Electric Instrument & Device Co., Ltd as a new party, and Defendant 1's request for re-establishment of rights. The court set the oral hearing for June 17, 2026, ordered the addition of the new party, and provisionally assessed the remaining requests while reserving final decisions for further deliberation.
Ona Patents SLvsGoogle Ireland Limited a.o.
The Düsseldorf Local Division of the Unified Patent Court dismissed both the infringement action and the counterclaim for revocation concerning EP 2 263 098 B1, a patent relating to methods for determining location estimates using positioning engines and signalling devices. The court held that the patent was valid but not infringed by Google's products, as the alleged infringing products did not embody every claimed component required for direct infringement. Costs were ordered against the Claimant for the infringement action, with a split for the counterclaim costs.
CARDO SYSTEMS, LTD., s.r.l., via Porlezza n. 12, 20123 - Milan, Italy;vs1) SHENZHEN ZIWU CHUANGXIN TECHNOLOGY CO., LTD., LANGUAGE OF THE PROCEEDINGS
In this legal proceeding before Milan Local Division (decision issued on 2025-12-08) under reference UPC_F79CEE4A6A, CARDO SYSTEMS, LTD., s.r.l., via Porlezza n. 12, 20123 - Milan, Italy; appeared in dispute with 1) SHENZHEN ZIWU CHUANGXIN TECHNOLOGY CO., LTD., LANGUAGE OF THE PROCEEDINGS concerning patent rights and legal remedies.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.
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.