Executive Summary
In this provisional measures case, Valeo Electrification sought an injunction against Magna entities regarding the rotary electric machine patent EP 3 320 602 B1. The UPC Local Division in Düsseldorf partially granted the application, allowing the defendants to continue their existing supply obligations to BMW provided they furnish a security deposit of EUR 500,000 by November 21, 2024. This decision highlights the court's balancing act between protecting the patent holder's rights and ensuring business continuity for the defendant.
What the Court Held — Ratio Decidendi
The court addressed several procedural issues related to provisional measures, including the rebuttable presumption for registered patents and the requirement for urgency. The core ruling allowed the defendants to continue their existing delivery obligations under specific conditions (providing security) but dismissed the remaining claims for injunctions.
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
F. Hoffmann-La Roche AGvsRubin Medical ApS
In a case involving Roche and Tandem Diabetes Care against Rubin Medical, the UPC Local Chamber of Düsseldorf issued an important procedural order concerning trade secret protection. The court successfully granted the request to classify specific documents as confidential under Article 58 EPC. This ruling sets strict boundaries on who can access sensitive information during the ongoing infringement proceedings, emphasizing the importance of confidentiality protocols in high-stakes biotech litigation.
Atlas Global Technologies GmbHvsVantiva SA
In a procedural decision, the Düsseldorf Local Division accepted the withdrawal of an infringement claim brought by Atlas Global Technologies GmbH against Vantiva SA and its affiliates. Concurrently, the counterclaim seeking revocation of EP 3186937 was also withdrawn. The court formally terminated both proceedings based on the parties' mutual agreement. This case highlights how procedural agreements between litigants can lead to the early conclusion of complex UPC actions.
Edwards Lifesciences CorporationvsMeril Lifesciences PVT Limited; Meril GmbH; Smis International OÜ; Sormedica UAB
This procedural order addressed a request by an applicant (a member of the public/investor) seeking access to confidential pleadings and evidence in several UPC cases. The Court ultimately denied this access, emphasizing that while transparency is important, the integrity of ongoing civil litigation must be protected. The ruling clarified that merely being a competitor or investor is insufficient grounds for disclosure when the core patent information is already public.
Amgen N.V.vsRegeneron Pharmaceuticals Inc.
This UPC Court of Appeal decision concerns the withdrawal of an appeal filed by Amgen against a prior ruling in infringement proceedings. The case, involving major biotech players like Regeneron and Sanofi, was ultimately withdrawn because the parties reached an out-of-court settlement. Although the court permitted the procedural withdrawal, it strictly denied Amgen's request for reimbursement of court fees, highlighting the precise application of UPC Rules of Procedure regarding timing and fee recovery.
NJOY Netherlands B.V.vsJuul Labs International, Inc.
In a procedural decision, the UPC Court of Appeal allowed Juul Labs International, Inc. to withdraw its appeal against the revocation of EP 3 498 115. This was possible because the opposing party, NJOY Netherlands B.V., consented to the withdrawal. While the proceedings were closed, the court upheld the general principle that the withdrawing appellant is considered unsuccessful and must cover the costs incurred by the successful party (NJOY) for the appeal stage.
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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.