APL 588420/2023

—·EP3498115 +4 more: VAPORIZATION DEVICE SYSTEMS AND METHODS

Case details: Status
—
Action
Appeal
Category
Main Appeal
Parties: Claimants
NJOY Netherlands B.V.
Reps: Hon.-Prof. Dr. Henrik Holzapfel (McDermott Will & Schulte)
Respondents
Juul Labs International, Inc.
Reps: Bernhard Thum (Thum & Partner); Jonas Weickert (Thum & Partner); Andreas Mötsch (Thum & Partner); Tobias Wuttke (Bardehle Pagenberg)
Division: Court of Appeal
Judges: Klaus Grabinski · President of the Court of Appeal
Françoise Barutel · Legally qualified judge
Peter Blok · Legally qualified judge, judge-rapporteur
Technology: Electric Techniques
Language: —
First decided: Apr 3, 2024

Decisions

2024-04-03
DismissedAppeal decisionAppeal RoP220.2
Court of Appeal dismissed Juul Labs International Inc.'s appeal against five first-instance orders allowing NJOY Netherlands B.V. to rectify the incorrectly stated defendant name in five revocation actions (EP 3 498 115, EP 3 504 990, EP 3 504 989, EP 3 504 991, EP 3 430 921). The court held that despite the naming error, it should have been clear to the appellant that the actions were directed against it as the registered proprietor. No cost order was made as the appeal did not conclude the revocation actions.
Legal issues:Rectification of party name in revocation proceedingsUnreasonable prejudice test for name rectificationCosts in non-final appellate decisions (R. 242.1 RoP)

Documents