Network System Technologies LLC v. Qualcomm Incorporated a.o.

Visibly Inc.vsEasee B.V.

This UPC Procedural Order addressed a preliminary objection raised by Easee B.V., Yves Prevoo, and Easee Holding B.V. against Visibly Inc.'s infringement claim concerning patent EP3918974. The defendants argued that claims based on director liability or tort were outside the UPC's competence. The Court rejected this argument, confirming that jurisdiction extends to such claims under Article 7(2) of Brussels I recast and establishing competence via Article 33(1)(a) UPCA due to the service being offered in Germany. This ruling clears the path for the main infringement proceedings.

GXD-Bio CorporationvsMyriad International GmbH (and associated Myriad entities)

In a significant decision, the UPC Local Division Munich revoked European Patent EP 3 346 403. The patent covered methods for quantifying gene expression in breast cancer tissue using RT-PCR and normalization to endogenous reference genes. Despite GXD-Bio Corporation's infringement claims against Myriad International GmbH and its subsidiaries regarding their EndoPredict-Test, the court dismissed the infringement action following the revocation of the patent. This ruling underscores the dual nature of UPC proceedings, where a successful counterclaim for revocation can immediately extinguish an associated infringement claim.

ONWARD Medical N.V.vsNiche Biomedical, Inc.

This UPC appellate decision addressed procedural matters in a dispute over neuromodulation systems. While the core infringement appeal was dismissed, the court issued an order regarding provisional costs. The ruling reinforces principles on how non-registered claims can be asserted and clarifies the standards for determining indirect patent use (Verwendungsbestimmung) based on objective evidence. This case is significant for practitioners dealing with procedural hurdles in complex medical device IP litigation.

NEC CorporationvsShenzhen Transsion Holdings Co, Ltd, et al.

NEC Corporation successfully withdrew its infringement action against Shenzhen Transsion Holdings and several other defendants concerning EP 2 645 714. The court formally closed the proceedings based on the parties' mutual agreement. While the core dispute was settled, the ruling confirmed that all involved parties would bear their own costs, though NEC received a partial reimbursement of its court fees.

VALEO SYSTEMES D’ESSUYAGEvsROBERT BOSCH FRANCE SAS; ROBERT BOSCH GMBH; ROBERT BOSCH S.A; ROBERT BOSCH PRODUKTIE S.A; ROBERT BOSCH DOO BEOGRAD; BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.

VALEO SYSTEMES D’ESSUYAGE appealed a decision from the UPC Central Division (Paris) concerning an infringement action against various Robert Bosch entities regarding patent EP 2671766. The appeal challenges the jurisdiction and procedural language set by the initial division. This Order of Procedure confirms that the Court of Appeal will first assess the admissibility of VALEO's appeal before examining its merits, a standard procedure for managing complex UPC litigation. This case highlights the importance of strict adherence to appellate procedures within the Unified Patent Court framework.