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

CANÈ v France Développement Électronique (CFI, 26 July 2024)

26 July 2024 CFI / Paris (FR) Local Division / Generic Order Decision with commentary

By decision of 26 July 2024 (UPC_CFI_419/2023, ORD_43695/2024), the judge-rapporteur of the Paris Local Division, sitting as single judge, confirmed the settlement of 20 June 2024 ending CANÈ's infringement action against France Développement Électronique on EP 3 181 168, ordered reimbursement to…

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Daedalus Prime v Xiaomi Technology Netherlands (CFI, 25 July 2024)

25 July 2024 CFI / Hamburg (DE) Local Division / Generic application Decision with commentary

By order of 25 July 2024 (UPC_CFI_169/2024, ACT_19012/2024, ORD_43090/2024), the judge-rapporteur of the Hamburg Local Division (Schilling) rejected the application of Xiaomi Technology Netherlands and Xiaomi Technology Germany, defendants in Daedalus Prime's infringement action on EP 2 792 100, for a two-week…

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Hurom v NUC Electronics Europe (CFI, 25 July 2024)

25 July 2024 CFI / Mannheim (DE) Local Division / Generic application Decision with commentary

By order of 25 July 2024 (UPC_CFI_159/2024, ORD_43151/2024), the judge-rapporteur of the Mannheim Local Division (Böttcher), on the application of NUC Electronics Europe and WARMCOOK, defendants in Hurom's infringement action on EP 2 028 981, allowed them to file on USB stick…

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Oerlikon Textile v Himson Engineering (CFI, ORD_28787/2024, 23 July 2024)

23 July 2024 CFI / Milan (IT) Local Division / Application RoP262A Decision with commentary

By order of 23 July 2024 (UPC_CFI_240/2023, ACT_549550/2023, ORD_40568/2024), the judge-rapporteur of the Milan Local Division (A. Zana) ruled on the confidentiality application made by Oerlikon Textile, claimant in the infringement action on EP 2 145 848 against Himson Engineering.

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Dolby International v HP Deutschland (CFI, 22 July 2024)

22 July 2024 CFI / Düsseldorf (DE) Local Division / Application RoP262A Decision with commentary

By order of 22 July 2024 (UPC_CFI_457/2023, ACT_590145/2023, App_25069/2024), the judge-rapporteur of the Düsseldorf Local Division (Thomas) ruled on the confidentiality application of the fifteen HP group companies, defendants in Dolby International's infringement action on EP 3 490 258.

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OrthoApnea (CFI, 19 July 2024)

19 July 2024 CFI / Brussels (BE) Local Division / Generic Order Decision with commentary

By order of 19 July 2024 (UPC_CFI_376/2023, ACT_581538/2023, App_41533/2024), the Brussels Local Division (S. Granata, judge-rapporteur and presiding, M.

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Meril Italy v Edwards Lifesciences (CFI, 19 July 2024)

19 July 2024 CFI / Paris (FR) Central Division - Seat / Revocation Action Decision with commentary

In a decision on the merits of 19 July 2024, the Paris Central Division dismissed Meril Italy Srl’s revocation action (UPC_CFI_255/2023) and the counterclaims for revocation of Meril GmbH and Meril Life Sciences Pvt Ltd, which had been referred by the Munich…

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Meril v Edwards Lifesciences (CFI, 19 July 2024)

19 July 2024 CFI / Paris (FR) Central Division - Seat / Counterclaim for revocation Decision with commentary

In a decision of 19 July 2024, the Paris Central Division ruled jointly on Meril Italy's revocation action (UPC_CFI_255/2023) and on the counterclaims for revocation of Meril GmbH and Meril Life Sciences referred by the Munich Local Division (UPC_CFI_15/2023), directed against Edwards…

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Sanofi-Aventis Deutschland v Amgen (CFI, 16 July 2024)

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

In a decision on the merits of 16 July 2024, the Munich Central Division ruled on the revocation action brought by Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe and Sanofi Winthrop Industrie S.A.

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Regeneron Pharmaceuticals v Amgen (CFI, 16 July 2024)

16 July 2024 CFI / Munich (DE) Central Division - Section / Counterclaim for revocation Decision with commentary

In a decision on the merits of 16 July 2024, the Munich Central Division ruled on Regeneron Pharmaceuticals’ counterclaim for revocation against Amgen’s EP 3 666 797, which protects, in medical use format, a monoclonal antibody binding to the catalytic domain of…

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Seoul Viosys v expert e-Commerce (CFI, 12 July 2024)

12 July 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By order of 12 July 2024 (UPC_CFI_363/2023, ACT_579244/2023, App_40855/2024), the judge-rapporteur of the Düsseldorf Local Division (Thomas), on the application of Seoul Viosys, claimant in the infringement action on EP 3 926 698 against expert e-Commerce and expert klein, refused to arrange…

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Apple Retail Deutschland v Ona Patents (CoA, 11 July 2024)

11 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

In an order of 11 July 2024 (UPC_CoA_354/2024), given in German, the Court of Appeal rejected Apple’s request to expedite its appeal against the order of the President of the Court of First Instance of 18 June 2024 refusing to change the…

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Panasonic Holdings v Xiaomi Technology Germany (CFI, 10 July 2024)

10 July 2024 CFI / Mannheim (DE) Local Division / Application RoP262A Decision with commentary

By order of 10 July 2024 (UPC_CFI_219/2023, App_32822/2024), the judge-rapporteur of the Mannheim Local Division (P. Tochtermann), on the application of Panasonic, claimant in the infringement action on EP 2 568 724 against Xiaomi, Odiporo and Shamrock Mobile, set the confidentiality regime…

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Panasonic v Guangdong OPPO Mobile Telecommunications (CFI, 9 July 2024)

9 July 2024 CFI / Mannheim (DE) Local Division / Application RoP262A Decision with commentary

By order of 9 July 2024 (UPC_CFI_210/2023), the judge-rapporteur of the Mannheim Local Division, in Panasonic's action against OROPE Germany and Guangdong OPPO based on EP 2 568 724 (a standard essential patent), set the confidentiality regime for licences granted to third…

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OROPE Germany (CFI, 9 July 2024)

9 July 2024 CFI / Mannheim (DE) Local Division / Generic application Decision with commentary

By order of 9 July 2024 (UPC_CFI_210/2023, App_39329/2024 and 39331/2024), the judge-rapporteur of the Mannheim Local Division (P. Tochtermann), in proceedings on Panasonic's EP 2 568 724 involving a FRAND counterclaim, extended from 17 July to 14 August 2024 the defendant's time…

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OrthoApnea (CFI, 8 July 2024)

8 July 2024 CFI / Brussels (BE) Local Division / Generic application Decision with commentary

By an order of 8 July 2024 (UPC_CFI_376/2023, ACT_581538/2023, ORD_37783/2024), the judge-rapporteur of the Brussels Local Division (S. Granata), in an infringement action on EP 2 331 036 conducted in Dutch against OrthoApnea S.L.

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ARM v ICPillar (CoA, 7 July 2024)

7 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By an order of 7 July 2024 (UPC_CoA_301/2024, APL_33746/2024, App_40131/2024), the second panel of the Court of Appeal (R. Kalden, presiding and judge-rapporteur, I.

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10x Genomics v Curio Bioscience (CoA, 5 July 2024)

5 July 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 5 July 2024 (UPC_CoA_234/2024), the Court of Appeal permitted 10x Genomics to withdraw its appeal against the order of the Düsseldorf Local Division which had partly rejected its application for provisional measures against Curio Bioscience (EP 2 697 391),…

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Panasonic v Shamrock Mobile (CFI, 4 July 2024)

4 July 2024 CFI / Mannheim (DE) Local Division / Generic Order Decision with commentary

By an order of 4 July 2024 (UPC_CFI_219/2023), the judge-rapporteur of the Mannheim Local Division (Dr Tochtermann), in Panasonic Holdings Corporation's infringement action on EP 2 568 724 against Xiaomi Technology Germany GmbH and five other companies, gave the parties preliminary technical…

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Panasonic Holdings v Xiaomi (CFI, ORD_26378/2024, 4 July 2024)

4 July 2024 CFI / Munich (DE) Local Division / Application RoP262A Decision with commentary

By an order of 4 July 2024 (UPC_CFI_220/2023, ACT_545619/2023, App_21945/2024), the judge-rapporteur of panel 1 of the Munich Local Division (M. Zigann), in Panasonic Holdings Corporation's infringement action on EP 3 024 163 against Xiaomi Inc.

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Panasonic Holdings v Xiaomi (CFI, ORD_39924/2024, 4 July 2024)

4 July 2024 CFI / Munich (DE) Local Division / Generic application Decision with commentary

By order of 4 July 2024 (UPC_CFI_220/2023, ACT_545619/2023), the Munich Local Division held, in Panasonic's action against Xiaomi Inc. and nine other group companies for infringement of EP 3 024 163, that the period for the rejoinder runs only from service on…

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Abbott Diabetes Care v SIBIO TECHNOLOGY (CFI, 3 July 2024)

3 July 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By an order of 3 July 2024 (UPC_CFI_133/2024, ACT_15000/2024, App_39459/2024), the Düsseldorf Local Division, at the parties' joint request (Rule 365.1 RoP), confirmed the settlement reached at the oral hearing in the provisional measures proceedings brought by Abbott Diabetes Care Inc.

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Franz Kaldewei v Bette (CFI, 3 July 2024)

3 July 2024 CFI / Düsseldorf (DE) Local Division / Infringement Action Decision with commentary

By decision of 3 July 2024 (UPC_CFI_7/2023), the Düsseldorf Local Division ruled on Franz Kaldewei's infringement action against Bette based on EP 3 375 337 (a sanitary bathtub assembly supported by rigid plastic foam profile strips) and on the counterclaim for revocation.

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AYLO FREESITES v DISH (CFI, 3 July 2024)

3 July 2024 CFI / Mannheim (DE) Local Division / Application RoP262A Decision with commentary

By an order of 3 July 2024 (UPC_CFI_471/2023, ACT_594191/2023, ORD_33986/2024, App_26934/2024), the judge-rapporteur of the Mannheim Local Division (D. A. Böttcher), in the infringement action on EP 2 479 680 brought by DISH Technologies L.L.C.

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Panasonic v Guangdong OPPO Mobile Telecomm (CFI, 27 June 2024)

27 June 2024 CFI / Mannheim (DE) Local Division / Generic Order Decision with commentary

By an order of 27 June 2024 (UPC_CFI_210/2023), the judge-rapporteur of the Mannheim Local Division (Dr Tochtermann), in Panasonic Holdings Corporation's infringement action on EP 2 568 724 against OROPE Germany GmbH and Guangdong OPPO Mobile Telecommunications Corp.

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Dolby International v ASUS Computer (CFI, 24 June 2024)

24 June 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By an order of 24 June 2024 (UPC_CFI_456/2023, ACT_590109/2023, CC_21152/2024), presiding judge Thomas, acting for the judge-rapporteur of the Düsseldorf Local Division, in Dolby International AB's infringement action on EP 3 490 258 B1 against ASUS Computer GmbH and three other companies,…

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Amycel v Szymon Spyra (CFI, 21 June 2024)

21 June 2024 CFI / The Hague (NL) Local Division / Generic application Decision with commentary

By an order of 25 June 2024 (UPC_CFI_195/2024, ACT_23163/2024, App_35134/2024, ORD_35405/2024), the judge-rapporteur of The Hague Local Division (M. Kokke), in provisional measures proceedings brought by Amycel LLC, proprietor of EP 1 993 350, against Szymon Spyra, rejected the request for court-arranged…

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Mala v Nokia (CoA, 21 June 2024)

21 June 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By order of 21 June 2024 (UPC_CoA_227/2024), the judge-rapporteur of the Court of Appeal declared inadmissible Mala Technologies' request to stay the revocation action brought by Nokia Technology before the Paris Central Division (EP 2 044 709, in force for Germany only)…

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Tridonic v CUPOWER Shenzhen Xiezhen Electronics (CFI, 21 June 2024)

21 June 2024 CFI / Düsseldorf (DE) Local Division / Generic Order Decision with commentary

By an order of 20 June 2024 (UPC_CFI_459/2023, ACT_590302/2023, CC_16360/2023, ORD_36553/2024), the Düsseldorf Local Division, having heard the parties, decided to hear together Tridonic GmbH & Co KG's infringement action on EP 2 011 218 B1 against CUPOWER Shenzhen Xiezhen Electronics Co.,…

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Abbott Diabetes Care v Sibio Technology (CFI, UPC_CFI_130/2024, 19 June 2024)

19 June 2024 CFI / The Hague (NL) Local Division / Application for provisional measures Decision with commentary

By an order of 19 June 2024 (UPC_CFI_130/2024, ACT_14944/2024, ORD_30434/2024), The Hague Local Division granted Abbott Diabetes Care Inc.'s application for provisional measures based on EP 2 713 879 and issued an injunction against Sibio Technology Limited and Umedwings Netherlands B.V.

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ICPillar v ARM (CoA, 19 June 2024)

19 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By an order of 19 June 2024 (UPC_CoA_301/2024, APL_33746/2024, App_35055/2024), the Court of Appeal rejected ICPillar LLC's application for suspensive effect against the Paris Local Division's order of 21 May 2024 (UPC_CFI_495/2023) requiring it to provide EUR 400,000 as security for costs…

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Ona Patents v Google Ireland (CFI, 18 June 2024)

18 June 2024 CFI / Düsseldorf (DE) Local Division / Generic application Decision with commentary

By an order of 18 June 2024 (UPC_CFI_100/2024, APP_26544/2024), the President of the Court of First Instance, Florence Butin, dismissed the application by Google Ireland Ltd and Google Commerce Ltd, defendants in Ona Patents SL's infringement action on EP 2 263 098…

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Audi v Network System Technologies (CoA, ORD_36278/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 17 June 2024 (UPC_CoA_221/2024), the presiding judge and judge-rapporteur of the Court of Appeal allowed Audi to lodge an additional written pleading in its appeal against the Munich Local Division's refusal to order Network System Technologies (NST) to provide…

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Volkswagen v Network System Technologies (CoA, ORD_36285/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By an order of 17 June 2024 (UPC_CoA_218/2024, APL_25922/2024, App_34189/2024), the judge-rapporteur of the Court of Appeal, Rian Kalden, allowed Volkswagen AG to lodge an additional written pleading in its appeal against the Munich Local Division's refusal (UPC_CFI_514/2023) to order Network System…

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Audi v Network System Technologies (CoA, ORD_36287/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 17 June 2024 (UPC_CoA_217/2024, APL_25919/2024), the judge-rapporteur of the Court of Appeal allowed Audi AG, appellant against a Munich Local Division order of 23 April 2024 (UPC_CFI_514/2023, EP 1 875 683) refusing it security for costs against Network System…

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Audi v Network System Technologies (CoA, ORD_36283/2024, 17 June 2024)

17 June 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 17 June 2024 (UPC_CoA_219/2024, APL_25923/2024), the judge-rapporteur of the Court of Appeal allowed Audi AG, appellant against a Munich Local Division order of 23 April 2024 (UPC_CFI_515/2023, EP 1 552 399) refusing it security for costs against Network System…

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Syngenta v Sumi Agro (CFI, 16 June 2024)

16 June 2024 CFI / Munich (DE) Local Division / Generic Order Decision with commentary

By an order of 16 June 2024 (UPC_CFI_201/2024, ACT_23636/2024, ORD_33490/2024), the judge-rapporteur of the Munich Local Division, Matthias Zigann, in Syngenta Limited's provisional measures proceedings based on EP 2 152 073 against Sumi Agro Limited and Sumi Agro Europe Limited, granted the…

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Panasonic Holdings v Xiaomi Technology Germany (CFI, 13 June 2024)

13 June 2024 CFI / Mannheim (DE) Local Division / Generic application Decision with commentary

By an order of 13 June 2024 (UPC_CFI_219/2023, App_35009/2024 and App_35013/2024), the presiding judge and judge-rapporteur of the Mannheim Local Division, Dr Tochtermann, in Panasonic Holdings Corporation's infringement action on EP 2 568 724 against Xiaomi Technology Germany GmbH and other companies,…

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Syngenta v Sumi Agro (CFI, 12 June 2024)

12 June 2024 CFI / Munich (DE) Local Division / Generic application Decision with commentary

By an order of 12 June 2024 (UPC_CFI_201/2024, App_34029/2024), the judge-rapporteur of the Munich Local Division, Matthias Zigann, in Syngenta Limited's provisional measures proceedings based on EP 2 152 073 against Sumi Agro Limited and Sumi Agro Europe Limited, moved the oral…

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Neo Wireless v Toyota Motor Europe (CoA, 4 June 2024)

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

By an order of 4 June 2024 (UPC_CoA_79/2024, APL_9578/2024), the Court of Appeal dismissed Neo Wireless GmbH & Co KG's appeal against the Paris Central Division's order of 9 February 2024 (UPC_CFI_361/2023), which had rejected its preliminary objection to jurisdiction in Toyota…

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Ballinno v UEFA (CFI, 3 June 2024)

3 June 2024 CFI / Hamburg (DE) Local Division / Application for provisional measures Decision with commentary

By an order of 3 June 2024 (UPC_CFI_151/2024, ORD_33145/2024), the Hamburg Local Division dismissed Ballinno B.V.'s application for provisional measures based on EP 1 944 067 B1, which concerns offside detection, against the Union des Associations Européennes de Football (UEFA), Kinexon GmbH…

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Carrier v BITZER Electronics (CoA, 28 May 2024)

28 May 2024 CoA / Luxembourg (LU) / Appeal RoP220.2 Decision with commentary

By an order of 28 May 2024 (UPC_CoA_22/2024, APL_3507/2024), the Court of Appeal, presided over by Klaus Grabinski, dismissed Carrier Corporation's appeal against the Paris Central Division's order of 8 January 2024 (UPC_CFI_263/2023), which had refused to stay BITZER Electronics A/S's revocation…

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NEC v TCL Deutschland (CFI, 27 May 2024)

27 May 2024 CFI / Munich (DE) Local Division / Generic application Decision with commentary

By order of 27 May 2024 (UPC_CFI_498/2023, ACT_596658/2023, App_24843/2024), the judge-rapporteur of the Munich Local Division, in NEC Corporation's infringement action against several TCL group companies, extended to 8 July 2024 the time limit for Defendants 1), 3), 4) and 6) to…

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Volkswagen v Network System Technologies (CoA, ORD_29903/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_218/2024, APL_25922/2024, App_29005/2024), the Court of Appeal (second panel) rejected Volkswagen's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 dismissing its application for security for costs in Network System…

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Texas Instruments v Network Systems Technologies (CoA, ORD_29608/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Application for an Order for expedition of an appeal (RoP225(e)) Decision with commentary

By order of 22 May 2024 (UPC_CoA_223/2024, APL_25951/2024, App_27157/2024), the Court of Appeal (second panel) rejected Texas Instruments' request to expedite its appeal against the Munich Local Division's order of 23 April 2024 dismissing its application for security for costs in the…

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Volkswagen v Network System Technologies (CoA, ORD_29914/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_220/2024, APL_25924/2024, App_28999/2024), the Court of Appeal (second panel) rejected Volkswagen's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_515/2023), which had dismissed its application for security for costs…

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Volkswagen v Network System Technologies (CoA, ORD_29926/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_222/2024, APL_25928/2024, App_28997/2024), the Court of Appeal (second panel) rejected Volkswagen's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_513/2023), which had dismissed its application for security for costs…

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Audi v Network System Technologies (CoA, ORD_29909/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_219/2024, APL_25923/2024, App_29007/2024), the Court of Appeal (second panel) rejected Audi's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_515/2023), which had dismissed its application for security for costs…

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Audi v Network System Technologies (CoA, ORD_29899/2024, 22 May 2024)

22 May 2024 CoA / Luxembourg (LU) / Generic application Decision with commentary

By order of 22 May 2024 (UPC_CoA_217/2024, APL_25919/2024, App_29006/2024), the Court of Appeal (second panel) rejected Audi's request to expedite its appeal against the Munich Local Division's order of 23 April 2024 (UPC_CFI_514/2023), which had dismissed its application for security for costs…

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