UPC CFI 241/2023

At the UPC: Oerlikon Textile GmbH & CO KG (13 cases)·Bhagat Textile Engineers (6 cases)

• 2025-05-09
  Public

  Summary: The Milan Local Division issued a costs decision pursuant to Rule 156 RoP following a prior merits judgment (ORD_598484/2023) in favour of Oerlikon Textile against Bhagat Textile Engineers for infringement of EP 2 145 848. The court awarded Oerlikon EUR 80,000 in recoverable representation costs (EUR 65,000 for the main action and EUR 15,000 for the preservation of evidence proceedings), reduced from the claimed EUR 120,425.28, on the basis that the case was relatively straightforward with no validity or infringement dispute by the defendant.

  Show the legal issues (4)

  • Costs decision (R. 156 RoP)
  • Proportionality of recoverable costs (Art. 69-70 UPCA; R. 150-157 RoP)
  • Cost ceiling application
  • Simple case reduction of costs
• 2024-11-04
  Infringement ActionPublic

  Summary: Decision on the merits by the Milan Local Division (full panel) in an infringement action by Oerlikon Textile GmbH & Co KG against Bhagat Textile Engineers (India) concerning a texturing/structuring machine exhibited at ITMA 2023. The defendant did not contest infringement or validity. The court refused to stay proceedings pending parallel revocation proceedings against the same patent by a different defendant. The court granted a permanent injunction prohibiting sale and promotion of the infringing machine in Italy and Germany, imposed a penalty of EUR 12,000 per breach payable to the court, awarded provisional damages of EUR 15,000, set the case value at EUR 750,000, and ordered Bhagat to bear 80% of costs (with 20% offset for Oerlikon's behavior during settlement negotiations).

  Show the legal issues (5)

  • Refusal to stay infringement proceedings pending parallel revocation (Rule 295(m) RoP)
  • Discretionary permanent injunction under Art. 63(1) UPCA
  • Burden of proof regarding risk of repetition of infringement
  • Provisional damages
  • Costs apportionment and partial offset under Art. 69(2) UPCA
• 2024-06-06
  Infringement ActionPublic

  Summary: Procedural order in infringement proceedings by Oerlikon Textile GmbH & Co. KG against Bhagat Textile Engineers (Milan Local Division). The judge-rapporteur set the provisional value of the case at EUR 750,000 for purposes of recoverable costs ceiling. Access to expert report obtained via preservation-of-evidence order was granted to both parties. Deadlines were set for submission of additional documents and a case summary ahead of the oral hearing scheduled for 27 September 2024.

  Show the legal issues (3)

  • Value of the action for recoverable costs ceiling
  • Access to evidence from pre-trial preservation order (Art. 60 UPCA)
  • R. 119 RoP penalty request
• 2024-05-14
  Public

  Summary: Procedural order (in Italian) requiring parties to submit a summary of issues to be addressed at the forthcoming Interim Conference and to notify the court of attendees' names and capacities. The order also addressed the balance between the transparency principle and the right to protect confidential information, particularly regarding costs information in a case where a settlement may have been under discussion.

  Show the legal issues (3)

  • Transparency vs. confidentiality (Rule 262A RoP)
  • Preparation for Interim Conference (Rules 103, 105, 106 RoP)
  • Confidentiality of cost-related information
• 2023-07-21
  Infringement ActionPublic

  Summary: The Milan Local Division ordered service of the Statement of Claim on defendants without transmitting the approximately 2,000 pages of exhibits, with the claimant's consent.

  Show the legal issues (2)

  • Service without exhibits
  • Procedural efficiency