Decisions analysed

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UPC decisions and orders since 1 June 2023. “Decision with commentary” means the entry contains an analysis by Dhenne Avocats. “Summary available” identifies a summary; “Reference” identifies a record without a detailed case note. Open the entry for the source and, where available, the facts, reasoning and practical implications. The official decision is authoritative.

2,390 decisions recorded

Scandit v Hand Held Products (CoA, 1 November 2024)

1 November 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 1 November 2024 (UPC_CoA_520/2024, APL_51079/2024, App_57474/2024), the judge-rapporteur of the Court of Appeal (E. Gougé), in Scandit's appeal against the Munich Local Division's order of 27 August 2024 granting Hand Held Products provisional measures for indirect infringement of claims…

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SodaStream Industries v Aarke (CFI, 31 October 2024)

31 October 2024 CFI / Düsseldorf (DE) Local Division / Infringement Action Decision with commentary

In a decision of 31 October 2024 (UPC_CFI_373/2023), the Düsseldorf Local Division held that Aarke infringed SodaStream’s EP 1 793 917, which concerns a device for carbonating liquid in a bottle, with its “Aarke Carbonator Pro”.

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Ortovox Sportartikel v Mammut Sports Group (CFI, 30 October 2024)

30 October 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By order of 30 October 2024 (UPC_CFI_16/2024), the judge-rapporteur of the Düsseldorf Local Division, in Ortovox's infringement action against Mammut Sports Group AG and Mammut Sports Group GmbH based on EP 3 466 498, joined with a counterclaim for revocation, refused Ortovox's…

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FUJIFILM v Kodak (CFI, 30 October 2024)

30 October 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By order of 30 October 2024 (UPC_CFI_355/2023, App_54506/2024), the judge-rapporteur of the Düsseldorf Local Division (R. Thomas) refused FUJIFILM, claimant in the infringement action on EP 3 594 009 against three Kodak companies, leave to file a further written pleading in reply…

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Koninklijke Philips v Belkin (CoA, 29 October 2024)

29 October 2024 CoA / Luxembourg (LU) / Application Rop 223 Decision with commentary

In an order of 29 October 2024 (UPC_CoA_549/2024), the Court of Appeal granted partial suspensive effect to Belkin’s appeal against the Munich Local Division’s decision on the merits of 13 September 2024 finding infringement of Philips’ EP 2 867 997.

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10x Genomics v Vizgen (CFI, ORD_49363/2024, 24 October 2024)

24 October 2024 CFI / Hamburg (DE) Local Division / Application RoP262A Decision with commentary

By order of 24 October 2024 (UPC_CFI_22/2023, ACT_460565/2023, ORD_49363/2024), the judge-rapporteur of the Hamburg Local Division (S. Klepsch), in the infringement action on EP 4 108 782 brought by 10x Genomics and President and Fellows of Harvard College against Vizgen, restricted access…

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Easee v Visibly (CFI, 24 October 2024)

24 October 2024 CFI / Hamburg (DE) Local Division / Generic application Decision with commentary

By order of 22 October 2024 (UPC_CFI_525/2024, App_55164/2024), the President of the Court of First Instance (F. Butin), in Visibly's infringement action on EP 3 918 974 before the Hamburg Local Division against Easee B.V., Easee Holding B.V.

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QUALCOMM (CFI, 24 October 2024)

24 October 2024 CFI / Paris (FR) Central Division - Seat / Generic application Decision with commentary

By order of 24 October 2024 (UPC_CFI_427/2024, App_52964/2024, ORD_53290/2024), the presiding judge of the Paris Central Division (F. Butin), sitting alone, dismissed Qualcomm's application for reimbursement of court fees made after the closure of its action against an EPO decision concerning EP…

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Dehns v Regeneron Pharmaceuticals (CFI, 22 October 2024)

22 October 2024 CFI / Munich (DE) Central Division - Section / Application RoP262.1 (b) Decision with commentary

By order of 22 October 2024 (ORD_47235/2024), the judge-rapporteur of the Munich Central Division (A. Kupecz) granted the firm Dehns access to the written pleadings and evidence recorded in the counterclaim for revocation CC_586764/2023 between Regeneron and Amgen concerning EP 3 666…

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Sanofi-Aventis Deutschland v Amgen (CFI, ORD_47230/2024, 22 October 2024)

22 October 2024 CFI / Munich (DE) Central Division - Section / Application RoP262.1 (b) Decision with commentary

By order of 22 October 2024 (ORD_47230/2024, UPC_CFI_1/2023), the judge-rapporteur of the Munich Central Division granted the firm Dehns, as a member of the public, access to the written pleadings and evidence relating to the application to amend the patent (APP_590836/2023) filed…

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Sanofi-Aventis Deutschland v Amgen (CFI, ORD_47238/2024, 22 October 2024)

22 October 2024 CFI / Munich (DE) Central Division - Section / Application RoP262.1 (b) Decision with commentary

By order of 22 October 2024 (ORD_47238/2024, UPC_CFI_1/2023), the judge-rapporteur of the Munich Central Division granted the firm Dehns, as a member of the public, access to the written pleadings and evidence in the revocation action (ACT_459505/2023) recorded in the Sanofi v…

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DISH Technologies v AYLO PREMIUM (CFI, 20 October 2024)

20 October 2024 CFI / Mannheim (DE) Local Division / Generic application Decision with commentary

By order of 20 October 2024 (UPC_CFI_471/2023, ACT_594191/2023, App_46519/2024, ORD_47065/2024), the judge-rapporteur of the Mannheim Local Division (Judge Böttcher) refused the application by DISH Technologies and Sling TV for the AYLO group companies and two other defendants to produce the source code…

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DISH Technologies v Aylo Premium (CFI, ORD_47058/2024, 20 October 2024)

20 October 2024 CFI / Mannheim (DE) Local Division / Generic application Decision with commentary

By order of 20 October 2024 (ORD_47058/2024, UPC_CFI_471/2023, ACT_594191/2023), the judge-rapporteur of the Mannheim Local Division rejected the application of DISH Technologies and Sling TV, which are suing several Aylo companies for infringement of EP 2 479 680, for the defendants operating…

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NanoString Technologies Europe v President and Fellows of Harvard College (CFI, 17 October 2024)

17 October 2024 CFI / Munich (DE) Central Division - Section / Revocation Action Decision with commentary

In a decision of 17 October 2024 (UPC_CFI_252/2023), the Munich Central Division upheld NanoString Technologies Europe’s revocation action against EP 2 794 928 of the President and Fellows of Harvard College, which concerns a method of detecting multiple analytes through successive hybridisations…

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Photon Wave v Seoul Viosys (CoA, 15 October 2024)

15 October 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In an order of 15 October 2024 (CoA_PC 01/2024), given in French on the written procedure, the Court of Appeal declared inadmissible the appeal brought by Photon Wave, an intervener at first instance, against procedural order ORD_41423/2024 issued on 24 July 2024…

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Winnow Solutions v Orbisk (CFI, 14 October 2024)

14 October 2024 CFI / The Hague (NL) Local Division / Procedural Order Decision with commentary

By order of 14 October 2024 (UPC_CFI_327/2024, ACT_36388/2024, ORD_44108/2024), the judge-rapporteur of The Hague Local Division (E. Brinkman) partly granted the request of Winnow Solutions, proprietor of EP 3 198 245 on monitoring food waste, for Orbisk to produce evidence on its…

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SWAT Medical v Meril Italy (CFI, 14 October 2024)

14 October 2024 CFI / Paris (FR) Central Division - Seat / Application RoP262.1 (b) Decision with commentary

By order of 14 October 2024 (ORD_36095/2024, App_33486/2024, App_33487/2024, App_33489/2024), the judge-rapporteur of the Paris Central Division (P. Catallozzi) granted SWAT Medical and a board member and investor of that company access to all pleadings and evidence in revocation action UPC_CFI_255/2023 and…

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Abbott Logistics v DexCom (CFI, 11 October 2024)

11 October 2024 CFI / Paris (FR) Local Division / Amend Document Decision with commentary

By order of 11 October 2024 (UPC_CFI_395/2023, ACT_583778/2023, ORD_53788/2024), the judge-rapporteur of the Paris Local Division (C. Lignières) dismissed the application by the Abbott companies, defendants in DexCom's infringement action on EP 3 831 282, to amend their case to take account…

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SES-imagotag v Hanshow (CFI, 11 October 2024)

11 October 2024 CFI / Munich (DE) Local Division / Procedural Order Decision with commentary

By decision of 11 October 2024 (UPC_CFI_292/2023, App_3393/2024), the judge-rapporteur of the Munich Local Division (Pichlmaier) fixed at EUR 200,000 the first-instance costs that SES-imagotag must reimburse to the four Hanshow companies following the dismissal of its application for provisional measures.

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MSG Maschinenbau v EJP Maschinen (CFI, 11 October 2024)

11 October 2024 CFI / Munich (DE) Local Division / Generic Order Decision with commentary

By order of 11 October 2024 (UPC_CFI_300/2023, CC_597425/2023), the Munich Local Division (panel 2, presided by U. Voß) drew the consequences of the final revocation of EP 3 225 320 B1 by the EPO Board of Appeal on 4 July 2024 (T…

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Truma Gerätetechnik v CAN Srl Airxcel Europe (CFI, 11 October 2024)

11 October 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By order of 11 October 2024 (UPC_CFI_512/2024, ACT_50223/2024, App_54390/2024), the judge-rapporteur of the Düsseldorf Local Division (Dr Thom) rejected CAN Srl Airxcel Europe's requests to extend to 30 October 2024 the time limit for a Preliminary Objection and to 30 December 2024…

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SodaStream Industries v Aarke (CFI, 10 October 2024)

10 October 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By order of 10 October 2024 (UPC_CFI_373/2023, ACT_580849/2023, App_55249/2024), the Düsseldorf Local Division (Thomas, presiding, Dr Thom, Kupecz) dismissed Aarke's request to adjourn the oral hearing in SodaStream Industries' infringement action on EP 1793917 pending the Court of Appeal's order on the…

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Seoul Viosys v expert e-Commerce (CFI, 10 October 2024)

10 October 2024 CFI / Düsseldorf (DE) Local Division / Infringement Action Decision with commentary

In a decision of 10 October 2024 (UPC_CFI_483/2023), the Düsseldorf Local Division upheld expert klein’s counterclaim for revocation of Seoul Viosys’s EP 3 223 320, which concerns a light emitting diode, on the ground of added matter, and consequently held unfounded the…

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Seoul Viosys v expert klein (CFI, 10 October 2024)

10 October 2024 CFI / Düsseldorf (DE) Local Division / Infringement Action Decision with commentary

In a decision of 10 October 2024 (UPC_CFI_363/2023), the Düsseldorf Local Division ruled on Seoul Viosys’s infringement action against expert e-Commerce and expert klein, based on EP 3 926 698 for a light emitting diode, and on the counterclaim for revocation brought…

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EOFLOW v Insulet (CoA, 9 October 2024)

9 October 2024 CoA / Luxembourg (LU) / Generic Order Decision with commentary

In an order of 9 October 2024 (UPC_CoA_584/2024), the Court of Appeal refused EOFlow’s request to expedite its appeal against the order of 24 September 2024 of the Milan Central Division, which had declined to join Insulet’s application for provisional measures against…

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Suinno Mobile & AI Technologies Licensing v Microsoft (CoA, 9 October 2024)

9 October 2024 CoA / Luxembourg (LU) / Request for a discretionary review (RoP 220.3) Decision with commentary

In an order of 9 October 2024 (UPC_CoA_586/2024), the standing judge of the Court of Appeal dismissed as inadmissible Suinno’s request for discretionary review of the Paris Central Division’s order of 30 September 2024 requiring it to provide security for Microsoft’s costs…

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Edwards Lifesciences v Meril Life Sciences (CFI, 8 October 2024)

8 October 2024 CFI / Paris (FR) Central Division - Seat / Generic application Decision with commentary

By order of 8 October 2024 (UPC_CFI_189/2024, ACT_22275/2024, ORD_55287/2024), the judge-rapporteur of the Paris Central Division (P. Catallozzi) rejected Edwards Lifesciences' request to align the time limit for its rejoinder to 25 October 2024 in the revocation action on EP 4 151…

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Abbott Diabetes Care v Dexcom (CFI, 7 October 2024)

7 October 2024 CFI / Nordic Baltic Regional Division / Generic Order Decision with commentary

By preliminary order of 7 October 2024 (UPC_CFI_430/2023, ACT_588346/2023, ORD_55063/2024), the judge-rapporteur of the Nordic-Baltic Regional Division (K. Härmand, panel presided by S.

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Meril Life Sciences v Edwards Lifesciences (CoA, 4 October 2024)

4 October 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In an order of 4 October 2024 (UPC_CoA_2/2024), the Court of Appeal, sitting as a panel of five presided over by Klaus Grabinski, dismissed Meril’s appeal against the order of the Munich Local Division of 19 December 2023, which had ordered Meril…

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Headwater Research v Samsung Electronics (CFI, 2 October 2024)

2 October 2024 CFI / Munich (DE) Local Division / Generic application Decision with commentary

By order of 2 October 2024 (UPC_CFI_54/2024, ACT_7603/2024, ORD_45269/2024, App_40280/2024), the judge-rapporteur of the Munich Local Division (panel 1, M. Zigann) ordered Headwater Research to provide, within three weeks, security for costs of EUR 100,000 by deposit into the UPC account, in…

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NEC v TCL Deutschland (CFI, 2 October 2024)

2 October 2024 CFI / Munich (DE) Local Division / Generic Order Decision with commentary

By order of 2 October 2024 (UPC_CFI_153/2024, ACT_16417/2024, ORD_46985/2024), the judge-rapporteur of the Munich Local Division (panel 2, D. Voß) admitted Access Advance, administrator of an HEVC standard-essential patent pool, as an intervener in support of NEC in its infringement action on…

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NEC v TCL Communication (CFI, ORD_46866/2024, 2 October 2024)

2 October 2024 CFI / Munich (DE) Local Division / Generic Order Decision with commentary

By order of 2 October 2024 (ORD_46866/2024, UPC_CFI_498/2023), the judge-rapporteur of the Munich Local Division admitted Access Advance, administrator of the HEVC standard essential patent pool to which NEC contributed EP 3 057 321, as an intervener in support of NEC in…

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EOFLOW v Insulet (CFI, 1 October 2024)

1 October 2024 CFI / Milan (IT) Central Division- Section / Generic Order Decision with commentary

By order of 1 October 2024 (UPC_CFI_380/2024, ORD_52068/2024), the Milan Central Division (A. Postiglione, presiding and judge-rapporteur, A.-L.

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Insulet v A. Menarini Diagnostics (CFI, 1 October 2024)

1 October 2024 CFI / Milan (IT) Local Division / Application for provisional measures Decision with commentary

By order of 1 October 2024 (UPC_CFI_400/2024), the Milan Local Division dismissed the application of EOFlow, the manufacturer of the EOPatch insulin patch pump, to intervene in support of its exclusive distributor A.

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Xiaomi Technology Germany v Panasonic Holdings (CoA, 30 September 2024)

30 September 2024 CoA / Luxembourg (LU) / Request for a discretionary review (RoP 220.3) Decision with commentary

In an order of 30 September 2024 (UPC_CoA_543/2024, UPC_CoA_544/2024 and UPC_CoA_545/2024), a standing judge of the Court of Appeal rejected the request for discretionary review lodged by six Xiaomi companies, defendants to three infringement actions brought by Panasonic before the Mannheim Local…

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Microsoft v Suinno Mobile & AI Technologies Licensing (CFI, 30 September 2024)

30 September 2024 CFI / Paris (FR) Central Division - Seat / Generic application Decision with commentary

By order of 27 September 2024 (UPC_CFI_164/2024, ACT_18406/2024, ORD_45914/2024, App_42517/2024), the Paris Central Division (panel 2, presided by P. Catallozzi) ordered Suinno Mobile & AI Technologies Licensing, claimant in the infringement action on EP 2 671 173, to provide security for Microsoft's…

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Audi v Network System Technologies (CoA, 27 September 2024)

27 September 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

In an order of 27 September 2024 (UPC_CoA_217/2024, UPC_CoA_219/2024 and UPC_CoA_221/2024), the Court of Appeal notified Network System Technologies that, should it fail to provide within three weeks the security for Audi’s costs ordered on 17 September 2024, the Court of First…

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Panasonic Holdings v Xiaomi (CFI, 26 September 2024)

26 September 2024 CFI / Munich (DE) Local Division / Generic application Decision with commentary

By an order of 26 September 2024 (UPC_CFI_220/2023, ACT_545619/2023, APP_31889/2024, ORD_39681/2024), the judge-rapporteur of the Munich Local Division referred to the panel the request by Xiaomi Inc.

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Dolby International v Optoma (CFI, 26 September 2024)

26 September 2024 CFI / Düsseldorf (DE) Local Division / Generic Order Decision with commentary

By order of 26 September 2024 (UPC_CFI_226/2024, ACT_26489/2024, ORD_53245/2024), the Düsseldorf Local Division (Thomas, presiding and judge-rapporteur, Dr Thom, Kokke) permitted, with the defendants' consent, Dolby International's withdrawal of its infringement action on EP 3 605 534 against the Optoma companies, made…

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Valeo Electrification v Magna PT (CFI, 25 September 2024)

25 September 2024 CFI / Düsseldorf (DE) Local Division / Generic Order Decision with commentary

By a procedural order of 25 September 2024 (UPC_CFI_347/2024, ACT_37931/2024, ORD_53404/2024), the judge-rapporteur of the Düsseldorf Local Division set out, ahead of the oral hearing of 8 October 2024, the evidence regime for the application for provisional measures brought by Valeo Electrification…

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Innovative Sonic v Lenovo (Deutschland) (CFI, 25 September 2024)

25 September 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By a procedural order of 25 September 2024 (UPC_CFI_340/2024, ACT_36792/2024, App_52697/2024), the Düsseldorf Local Division, on the parties' joint application, stayed under Rule 295(d), from 25 September to 15 November 2024, the action brought by Innovative Sonic Corporation for infringement of EP…

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EOFLOW v INSULET (CFI, 24 September 2024)

24 September 2024 CFI / Milan (IT) Central Division- Section / Application Rop 333 Decision with commentary

By an order of 24 September 2024 (UPC_CFI_380/2024), the panel of the Milan Central Division (A. Postiglione, presiding judge and judge-rapporteur, A.-L.

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I.G.B. v Unilever France (CFI, 24 September 2024)

24 September 2024 CFI / Paris (FR) Local Division / Amend Document Decision with commentary

By a procedural order of 24 September 2024 (UPC_CFI_494/2023, ACT_596431/2023, ORD_52883/2024), the judge-rapporteur of the Paris Local Division held that Rule 263 did not apply to the auxiliary requests amended by Unilever France, the defendant in the action brought by I.G.B.

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Apple Retail Germany v Ona Patents (CoA, 18 September 2024)

18 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.1 Decision with commentary

In an order of 18 September 2024 (UPC_CoA_354/2024), the Court of Appeal set aside the order of the President of the Court of First Instance of 18 June 2024 and ruled that the infringement action brought in German by Ona Patents before…

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Audi v Network System Technologies (CoA, 18 September 2024)

18 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In an order of 18 September 2024 in six joined appeals (UPC_CoA_264/2024, 266/2024, 269/2024, 272/2024, 276/2024 and 284/2024), the Court of Appeal dismissed Audi’s appeals against orders of the Munich Local Division rejecting its preliminary objection and its Rule 361 requests in…

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Mala v Nokia (CoA, 17 September 2024)

17 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By an order of 17 September 2024 (UPC_CoA_227/2024), the Court of Appeal partly set aside the order of the Paris Central Division of 2 May 2024 and stayed the revocation action brought by Nokia Technology against Mala Technologies' EP 2 044 709…

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Panasonic Holdings v OROPE Germany (CFI, 17 September 2024)

17 September 2024 CFI / Mannheim (DE) Local Division / Generic application Decision with commentary

By an order of 17 September 2024 (UPC_CFI_210/2023, App_52033/2024), the presiding judge and judge-rapporteur of the Mannheim Local Division (P. Tochtermann) rejected the application by Panasonic Holdings Corporation to have its own party expert heard as a witness at the oral hearing…

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Audi v Network System Technologies (CoA, 17 September 2024)

17 September 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

In an order of 17 September 2024 in three joined appeals (UPC_CoA_217/2024, UPC_CoA_219/2024 and UPC_CoA_221/2024), the Court of Appeal set aside the Munich Local Division’s orders of 23 April 2024 and ordered Network System Technologies to provide security for Audi’s costs of…

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Ballinno v UEFA (CFI, 17 September 2024)

17 September 2024 CFI / Hamburg (DE) Local Division / Application RoP262.1 (b) Decision with commentary

By an order of 17 September 2024 (UPC_CFI_151/2024, ACT_16267/2024, ORD_40128/2024 and ORD_52214/2024), the judge-rapporteur of the Hamburg Local Division (S. Schilling) granted, in redacted form, the request by the firm Powell Gilbert LLP for access to the pleadings and evidence in the…

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Suinno Mobile & AI Technologies Licensing v Microsoft (CFI, 17 September 2024)

17 September 2024 CFI / Paris (FR) Central Division - Seat / Application Rop 333 Decision with commentary

By order of 16 September 2024 (ORD_43015/2024, UPC_CFI_164/2024), the Paris Central Division rejected Microsoft's request for a panel review of the judge-rapporteur's order of 2 July 2024, which had refused to dismiss as manifestly inadmissible the action for infringement of EP 2…

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Dexcom International v Abbott Diabetes Care (CFI, 17 September 2024)

17 September 2024 CFI / The Hague (NL) Local Division / Amend Document Decision with commentary

By a procedural order of 17 September 2024 (ACT_586899/2023, ORD_52140/2024), the judge-rapporteur of The Hague Local Division (E. Brinkman) granted Dexcom leave to amend its counterclaim for revocation of EP 4 070 727 B1 by adding a request for a declaration of…

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*** v OrthoApnea (CFI, 17 September 2024)

17 September 2024 CFI / Brussels (BE) Local Division / Infringement Action Decision with commentary

By a procedural order of 17 September 2024 (UPC_CFI_376/2023, ACT_581538/2023), made under Rule 105.5 after the interim conference of 6 September 2024, the judge-rapporteur of the Brussels Local Division (S.

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Panasonic Holdings v Xiaomi Technology Germany (CFI, 16 September 2024)

16 September 2024 CFI / Mannheim (DE) Local Division / Infringement Action Decision with commentary

By an order of 16 September 2024 (UPC_CFI_219/2023), the presiding judge and judge-rapporteur of the Mannheim Local Division organised the oral hearing in Panasonic's infringement action against four Xiaomi companies, Odiporo and Shamrock Mobile concerning EP 2 568 724, and set the…

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Panasonic Holdings v OROPE Germany (CFI, 16 September 2024)

16 September 2024 CFI / Mannheim (DE) Local Division / Infringement Action Decision with commentary

By an order of 16 September 2024 (UPC_CFI_210/2023), the presiding judge and judge-rapporteur of the Mannheim Local Division organised the oral hearing in Panasonic's infringement action against OROPE Germany and Guangdong OPPO concerning EP 2 568 724, and set the value in…

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