Oerlikon Textile v Bhagat Textile Engineers (CFI, 4 November 2024)
By decision of 4 November 2024 (UPC_CFI_241/2023, ACT_549585/2023), the Milan Local Division (P. Perrotti, presiding, A.
Read the analysisDecisions of the Unified Patent Court recorded under "Infringement" in UPC Litigation Watch, the case law database maintained by Dhenne Avocats.
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483 decisions recorded
By decision of 4 November 2024 (UPC_CFI_241/2023, ACT_549585/2023), the Milan Local Division (P. Perrotti, presiding, A.
Read the analysisIn 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”.
Read the analysisBy order of 29 October 2024 following the interim conference (UPC_CFI_9/2024, ACT_953/2024, ORD_59030/2024), the Nordic-Baltic Regional Division (S. Johansson, presiding and rapporteur, K.
Read the analysisIn 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…
Read the analysisIn 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…
Read the analysisBy 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.
Read the analysisBy a procedural order of 17 September 2024 (UPC_CFI_240/2023, ACT_549550/2023, ORD_40903/2024), the Milan Local Division (P. Perrotti, presiding, A.
Read the analysisBy 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…
Read the analysisBy 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…
Read the analysisBy a decision on the merits of 13 September 2024 (UPC_CFI_390/2023), the Munich Local Division ruled on Koninklijke Philips' infringement action against Belkin GmbH, Belkin International, Belkin Limited and several of their officers concerning EP 2 867 997 (wireless inductive power transfer,…
Read the analysisBy an order of 6 September 2024 following the interim conference (UPC_CFI_15/2023), the judge-rapporteur of the Munich Local Division prepared for trial Edwards Lifesciences' infringement action against Meril GmbH and Meril Life Sciences concerning EP 3 646 825 (prosthetic heart valve) and…
Read the analysisBy a decision on the merits of 30 August 2024 (UPC_CFI_52/2023), the Munich Local Division ruled on the infringement action brought by Avago Technologies International Sales against Tesla Germany and Tesla Manufacturing Brandenburg on EP 1 838 002 (programmable hybrid transmitter), directed…
Read the analysisIn a decision of 26 August 2024 (UPC_CFI_54/2023), the Hamburg Local Division dismissed as unfounded the infringement action brought by Avago Technologies International Sales against Tesla Germany and Tesla Manufacturing Brandenburg on EP 1 612 910, and partly upheld the counterclaim for…
Read the analysisIn a decision on the merits of 31 July 2024 (UPC_CFI_233/2023), the Munich Local Division revoked in its entirety DexCom’s EP 3 797 685, which concerns communication between the sensor electronics and the display device of a continuous glucose monitoring system.
Read the analysisIn an order of 29 July 2024 (UPC_CFI_501/2023), the judge-rapporteur of the Munich Local Division set the timetable for Edwards Lifesciences’ infringement action against Meril GmbH, Meril Life Sciences Pvt.
Read the analysisBy 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.
Read the analysisBy order of 4 March 2024 (UPC_CFI_239/2023, App_589842/2023), the judge-rapporteur of The Hague Local Division granted the confidentiality application of Plant-e, proprietor of EP 2 137 782, in its dispute with Arkyne Technologies (referred to as "Bioo" in the order).
Read the analysisBy an order that bears no date in its text (published as of 22 February 2024), the Mannheim Local Division, seised by MED-EL Elektromedizinische Geräte Gesellschaft m.b.H.
Read the analysisBy procedural order of 21 February 2024 (UPC_CFI_355/2023, App_6926/2024), the presiding judge of the Düsseldorf Local Division, acting as judge-rapporteur, retrospectively extended to 7 February 2024 the time limit for Kodak's counterclaims for revocation of FUJIFILM's EP 3 594 009, and rejected…
Read the analysisBy order of 14 February 2024 (UPC_CFI_210/2023), the presiding judge of the Mannheim Local Division, acting as judge-rapporteur, set up for the whole of the proceedings concerning Panasonic's EP 2 568 724 a confidentiality regime for the licence agreements the parties wish…
Read the analysisBy an order of 2 December 2024, the panel of the Munich Local Division, in the infringement action on EP 3 215 288 brought by Heraeus Electronics GmbH & Co. KG and Heraeus Precious Metals GmbH & Co.
Read the analysisBy order of 9 February 2024 (UPC_CFI_9/2023, ORD_2866/2024), the Munich Local Division declined to change the language of the proceedings from German to English, the claimant Huawei having refused its consent, but ruled that the hearings would be conducted in English.
Read the analysisBy order of 9 February 2024 in infringement action UPC_CFI_424/2023 (EP 4 070 727), the judge-rapporteur of The Hague Local Division aligned the deadline for both defendants, Dexcom Inc.
Read the analysisBy order of 2 February 2024 (UPC_CFI_14/2023, ORD_392/2024), the Munich Local Division referred Regeneron's counterclaim for revocation of Amgen's EP 3 666 797 to the Central Division and proceeded with the infringement action concerning alirocumab (Praluent), while reserving the possibility of a…
Read the analysisBy order of 30 January 2024 (UPC_CFI_230/2023, App_253/2024), the full panel of the Paris Local Division dismissed Abbott's request for review of point 6 of the judge-rapporteur's confidentiality order, which caps the penalty for each breach at EUR 50,000, whereas the Munich…
Read the analysisBy order of 24 January 2024 (UPC_CFI_230/2023, App_251/2024), the Paris Local Division refused Abbott leave to appeal the judge-rapporteur's confidentiality order of 19 December 2023, made in the infringement action on DexCom's EP 3 435 866.
Read the analysisBy an order of 23 January 2024 (UPC_CFI_181/2023), issued after the interim conference held by video the day before, the judge-rapporteur of the Munich Local Division, in KraussMaffei Extrusion GmbH's infringement action on EP 3 221 117 against TROESTER GmbH & Co.
Read the analysisBy order of 18 January 2024 (UPC_CFI_9/2023, App_595631/2023), the Munich Local Division, on Netgear's application for review, confirmed the judge-rapporteur's order of 11 December 2023 allowing Huawei to extend its infringement action, based on EP 3 611 989, to a second patent,…
Read the analysisBy order of 3 January 2024 (UPC_CFI_5/2023, App_598021/2023), the Munich Local Division extended by one week, to 15 January 2024, the time limit for Philips IP Ventures's reply in its infringement action on EP 2 372 863 against Belkin and others, the…
Read the analysisBy order of 3 January 2024 (UPC_CFI_62/2023, App_598024/2023), the Munich Local Division extended by one week, to 15 January 2024, the time limit for Koninklijke Philips's reply in its infringement action on EP 2 628 233 against Belkin and others, the rejoinder…
Read the analysisBy order of 2 January 2024 (UPC_CFI_14/2023, ORD_597730/2023), the judge-rapporteur of the Munich Local Division granted the defendants (Sanofi and Regeneron), in the infringement action on Amgen's EP 3 666 797, an extension until 8 January 2024 of the time limit for…
Read the analysisBy an order of 27 December 2023 (UPC_CFI_181/2023, ACT_528357/2023, ORD_588953/2023), the presiding judge and judge-rapporteur of the Munich Local Division (M. Zigann), in KraussMaffei Extrusion GmbH's action against TROESTER GmbH & Co.
Read the analysisBy order of 22 December 2023 (UPC_CFI_424/2023, ACT_586899/2023), the judge-rapporteur of The Hague Local Division found, in Abbott Diabetes Care's infringement action (EP 4 070 727), that the statement of claim had been properly served on Dexcom International Limited on 20 December…
Read the analysisBy procedural order of 19 December 2023 (UPC_CFI_201/2023, ORD_589338/2023, ACT_544303/2023), the Düsseldorf Local Division (Judges Thomas, presiding, Thom and Agergaard, and Hedberg, technically qualified judge), in N.V.
Read the analysisBy order of 19 December 2023 (UPC_CFI_230/2023, ACT_546446/2023), the judge-rapporteur of the Paris Local Division granted Abbott's confidentiality requests concerning its statement of defence in the infringement action on DexCom's EP 3 435 866: the redacted passages are withheld from the public…
Read the analysisBy order of 18 December 2023 (UPC_CFI_358/2023, App_590796/2023), the judge-rapporteur of the Paris Local Division rejected all requests by Lama France, defendant in Hewlett-Packard Development Company's infringement action on EP 2 089 230 and EP 1 737 669, for access to two…
Read the analysisBy order of 14 December 2023 (UPC_CFI_201/2023, App_594633/2023), the judge-rapporteur of the Düsseldorf Local Division, on an application by N.V. Nutricia under Rule 9 RoP, clarified that the time limit for the claimant's Defence to the counterclaim for revocation and any application…
Read the analysisBy order of 11 December 2023 (UPC_CFI_9/2023, App_586381/2023), the judge-rapporteur of the Munich Local Division rejected as inadmissible an application by the Netgear companies, defendants in Huawei Technologies' infringement action on EP 3 611 989, for panel review under Rule 333 RoP…
Read the analysisBy interim order of 11 December 2023 under Rule 302.1 RoP (UPC_CFI_9/2023, ORD_593105/2023), the Munich Local Division, having on the same day allowed Huawei Technologies to extend its infringement action against the Netgear companies to EP 3 678 321, invited the defendants…
Read the analysisBy order of 11 December 2023 (UPC_CFI_9/2023, ACT_459771/2023, App_587438/2023), the judge-rapporteur of the Munich Local Division (M. Zigann), in Huawei Technologies Co.
Read the analysisBy order of 8 December 2023 (UPC_CFI_219/2023, App_589186/2023), the Mannheim Local Division rejected Panasonic Holdings Corporation's application for a ruling that delivery of the statements of claim to the German address of Xiaomi Technology Germany amounted to service on four other group…
Read the analysisBy order of 5 December 2023 (UPC_CFI_54/2023, App_589355/2023), the judge-rapporteur of the Hamburg Local Division set 8 November 2023 as the start of the period for Avago Technologies International Sales to respond to the counterclaim for revocation of EP 1 612 910…
Read the analysisBy procedural order of 4 December 2023 (UPC_CFI_363/2023, ORD_589353/2023), the presiding judge of the Düsseldorf Local Division, as judge-rapporteur, separated Seoul Viosys' infringement action against expert e-Commerce and expert klein, based on two patents (EP 3 926 698 and EP 3 223…
Read the analysisBy procedural order of 1 December 2023 (UPC_CFI_7/2023, ORD_581034/2023), the Düsseldorf Local Division decided, after hearing the parties and before the close of the written procedure, to hear both Franz Kaldewei's infringement action against Bette on EP 3 375 337 and the…
Read the analysisBy order of 3 November 2023 (UPC_CFI_54/2023, App_577703/2023), the judge-rapporteur of the Hamburg Local Division finally decided the confidentiality application under Rule 262A RoP of Tesla Germany and Tesla Manufacturing Brandenburg, defendants in Avago Technologies International Sales' infringement action on EP 1…
Read the analysisBy order of 3 November 2023 (UPC_CFI_14/2023, ORD_584907/2023), the Munich Local Division, on the judge-rapporteur's proposal after consulting the panel (Rule 322 RoP), changed the language of Amgen's infringement action against Sanofi-Aventis Deutschland and others from German to English, the language in…
Read the analysisBy order of 27 October 2023 (UPC_CFI_22/2023, App_581626/2023), the judge-rapporteur of the Hamburg Local Division extended to 30 November 2023 Vizgen's time limit for its statement of defence in the infringement action on EP 4 108 782 brought by 10x Genomics and…
Read the analysisBy order of 18 October 2023 (UPC_CFI_239/2023), the President of the Court of First Instance, having consulted the panel of The Hague Local Division, granted the application of Arkyne Technologies, defendant in the infringement action brought by Plant-e Knowledge and Plant-e on…
Read the analysisBy order of 17 October 2023 (UPC_CFI_11/2023, application 543819/2023), the judge-rapporteur of the Nordic-Baltic Regional Division granted a third party, whose name is redacted, access to the statement of claim in the infringement action brought by Ocado Innovation against Autostore AS and…
Read the analysisBy order of 4 October 2023 (UPC_CFI_278/2023, ACT_561734/2023), the judge-rapporteur of the Hamburg Local Division, in AGFA's infringement action on EP 3 388 490 against nine Gucci group companies, extended for all defendants the time limit for a preliminary objection to 6…
Read the analysisBy order of 3 October 2023 (ORD_575878/2023, UPC_CFI_9/2023), the judge-rapporteur of the Munich Local Division ruled on the confidentiality requests made by Huawei Technologies in its infringement action against Netgear Inc., NETGEAR Deutschland and Netgear International on EP 3611989.
Read the analysisBy order of 27 September 2023 (UPC_CFI_62/2023), the judge-rapporteur of the Munich Local Division partly granted Koninklijke Philips' application under Rule 275.2 RoP to validate service of its statement of claim on Belkin International (United States), Belkin Limited and two of its…
Read the analysisBy order of 27 September 2023 (UPC_CFI_5/2023), the judge-rapporteur of the Munich Local Division ruled on Philips IP Ventures' application under Rule 275.2 RoP for several methods of serving its statement of claim on defendants based in the United States and the…
Read the analysisBy order of 27 September 2023 (UPC_CFI_240/2023, App_562298/2023), the judge-rapporteur of the Milan Local Division dismissed an application for access to the file made under Rule 262.1(b) RoP by a lawyer describing himself as counsel for Himson Engineering, a defendant not yet…
Read the analysisBy decision of 8 September 2023 (UPC_CFI_11/2023, ACT_459791/2023), the Nordic-Baltic Regional Division permitted Ocado Innovation to withdraw its infringement action against Autostore AS and seven other Autostore group companies (EP 3 653 540), following a settlement and before all defendants had been…
Read the analysisBy order of 29 August 2023 (ORD_566193/2023, UPC_CFI_14/2023, ACT_459916/2023), the full panel of the Munich Local Division fixed the dates of service of Amgen's statement of claim in its infringement action on EP 3666797 against Sanofi-Aventis Deutschland, Sanofi-Aventis Groupe, Sanofi Winthrop Industrie…
Read the analysisBy order of 23 August 2023 (App_561742/2023, UPC_CFI_15/2023), the judge-rapporteur of the Munich Local Division extended to 2 November 2023 Meril GmbH's time limit for the defence in Edwards Lifesciences' infringement action on EP 3646825, aligning it with that of Meril Life…
Read the analysisBy order of 22 August 2023 (UPC_CFI_54/2023, ACT_463258/2023), the judge-rapporteur of the Hamburg Local Division rejected the application by Tesla Germany and Tesla Manufacturing Brandenburg to extend to 30 October 2023 their time limit for the defence in Avago Technologies International Sales'…
Read the analysisBy procedural order of 17 August 2023 (ORD_562104/2023, UPC_CFI_14/2023, ACT_459916/2023), the presiding judge and judge-rapporteur of the Munich Local Division brought order to the competing applications on calculation, extension and shortening of time limits filed by Amgen and by the Sanofi and…
Read the analysisBy procedural order issued on 16 August 2023 (ORD_562104/2023, UPC_CFI_14/2023, ACT_459916/2023), the presiding judge and judge-rapporteur of the Munich Local Division organised the handling of the competing applications to extend and shorten time limits filed by Amgen and by the Sanofi and…
Read the analysisBy final decision of 10 August 2023 (App_557291/2023, UPC_CFI_15/2023), the judge-rapporteur of the Munich Local Division extended to 4 September 2023 Meril GmbH's time limit for a preliminary objection (Rule 19.1 RoP) in Edwards Lifesciences' infringement action on EP 3646825, confirming the…
Read the analysisBy procedural decision given on 2 August 2023 (UPC_CFI_239/2023, application 551178/2023), the judge of The Hague Local Division granted the request of Plant-e Knowledge and Plant-e, claimants in the infringement action on EP 2 137 782 against Arkyne Technologies, conducted in Dutch:…
Read the analysisBy procedural order of 28 July 2023 (UPC_CFI_14/2023, ORD_556750/2023), the judge-rapporteur of the Munich Local Division decided that Amgen's infringement action (EP 3 666 797) against Regeneron Pharmaceuticals, the fourth defendant, would not be severed from the action against the Sanofi companies.
Read the analysisBy order of 21 July 2023, made in proceedings no. 549585/2023 (UPC_CFI_241/2023), Oerlikon Textile's infringement action against Bhagat Group according to the UPC register, the judge-rapporteur of the Milan Local Division directed the Registry to serve the Statement of claim as provided…
Read the analysisBy order of 21 July 2023, made in proceedings no. 549550/2023 (UPC_CFI_240/2023), Oerlikon Textiles' infringement action against Himson Engineering, the judge-rapporteur of the Milan Local Division directed the Registry to serve the Statement of claim as provided in the Rules of Procedure,…
Read the analysisBy procedural order of 17 July 2023 (UPC_CFI_14/2023, ORD_551192/2023), the judge-rapporteur of the Munich Local Division severed Amgen's infringement action (EP 3 666 797) in so far as it was directed against Regeneron Pharmaceuticals, the fourth defendant, on which service by electronic…
Read the analysisBy procedural order of 5 July 2023, the judge-rapporteur of the Munich Local Division invited the claimant in action UPC_CFI_62/2023 (registered under the names of Koninklijke Philips and S.G.E.) to correct the deficiencies of its statement of claim in these proceedings as…
Read the analysisBy order of 26 June 2023, issued in Italian by the presiding judge and judge-rapporteur of the Milan Local Division in the infringement action UPC_CFI_57/2023 (Ocado Innovation v AutoStore), the Division directed the Registry to serve the Statement of claim on the…
Read the analysisBy decision of 11 September 2023 (UPC_CFI_57/2023), the Milan Local Division declared closed Ocado Innovation's infringement action against eight Autostore companies (EP 4 101 791), following the claimant's withdrawal of 3 August 2023, to which the defendants consented.
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