UPC APP 55674/2024

—·EP2043492: A HAND-HELD CLEANING APPLIANCE

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
Dyson Technology Limited
Reps: Constanze Krenz (DLA Piper); David Kleß (DLA Piper); Joschua Fiedler (DLA Piper)
Respondents
SharkNinja Europe Limited
SharkNinja Germany GmbH
Reps: Wolrad Prinz zu Waldeck Und Pyrmont (Freshfields Bruckhaus Deringer); Christopher Stothers (Freshfields Bruckhaus Deringer); Kilian Seidel (Freshfields Bruckhaus Deringer); Caroline Horstmann (Freshfields Bruckhaus Deringer)
Division: Court of Appeal
Judges: Rian Kalden · Presiding judge
Ingeborg Simonsson · Legally qualified judge and judge-rapporteur
Patricia Rombach · Legally qualified judge
Graham Ashley · Technically qualified judge
Max Tilmann · Technically qualified judge
Technology: Furniture & Household
Language: —
First decided: Oct 21, 2024

Decisions

2024-10-21
EvidenceGeneric application
The Court of Appeal refused SharkNinja's application to admit new evidence (an exhibit from US proceedings, FBD 29) in the appeal from the Munich Local Division in Dyson's infringement action, finding that the evidence was not sufficiently relevant to the appellate issues concerning patent claim interpretation and that no justified reason for late submission had been established.
Legal issues:Admissibility of new evidence in appeal under R. 222.2 RoPTiming and justified reasons for late submission of evidenceEstoppel by conduct (contradictory claim interpretation in US proceedings)

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