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UPC CFI 527/2024
Sep 13, 2024·EP2276862 +1 more: METHOD AND APPARATUS FOR IMPREGNATION OF ITEMS
- Case details
- StatusCase ClosedActionGenericCategoryCosts Assessments
- Parties
- ClaimantsReps: Mikkel Kleis (Patrade Legal ApS); Nina Skivesen (Patrade Legal ApS)RespondentsReps: Amanda Krebs Granqvist (Sandart & Partners Advokatbyrå KB)
- Division
- Nordic-Baltic RD
- Judges
- Language
- English
Decisions
- 2025-02-17WithdrawnApplication for preserving evidence pursuant to RoP192
Nordic-Baltic Regional Division declared the evidence preservation proceedings closed following Imbox Protection's withdrawal of its application after being convinced that the defendants do not infringe EP 2 276 862. As the unsuccessful party, Imbox was ordered to reimburse each defendant (Brunngård Group AB and Footbridge Group AB) SEK 225,000 in legal costs. The ceiling for recoverable costs applies as a joint ceiling regardless of number of defendants.
Legal issues:Withdrawal of evidence preservation applicationCost allocation after withdrawalCeiling for recoverable costs (Art. 69 UPCA, R.152.2 RoP)Joint cost ceiling for multiple defendants
Documents
| Document title | Date | Public |
|---|---|---|
| Case Closure Formal Check | 2025-04-28 | Not public |
| Headnote-and-Keywords | 2025-02-17 | Not public |
| Measures_DecisionOutcome_Notification.pdf | 2025-02-17 | Not public |
| Order | 2025-02-17 | Public |
| Applicants response to procedural order of 10 December 2024 | 2024-12-18 | Not public |
| Applicants response to procedural order of 10 December 2024 | 2024-12-18 | Not public |
| Exhibit 1 - Pictures of EXPRO HUB | 2024-12-12 | Not public |
| Defendants' response to order from Court | 2024-12-12 | Not public |
| Exhibit 1 - Pictures of EXPRO HUB | 2024-12-12 | Not public |
| Defendants' response to order from Court | 2024-12-12 | Not public |
| Defendants' repsonse to order from the Court | 2024-12-12 | Not public |
| Exhibit 1 - Pictures of EXPRO HUB | 2024-12-12 | Not public |
| Defendants' response to order from Court | 2024-12-12 | Not public |
| Exhibit 1 - Pictures of EXPRO HUB | 2024-12-12 | Not public |
| Procedural Order | 2024-12-10 | Public |
| Procedural Order | 2024-12-08 | Public |
| Procedural Order | 2024-12-08 | Not public |
| Applicants response to Procedural Order of 1 December 2024 | 2024-12-06 | Not public |
| Procedural Order | 2024-12-01 | Public |
| Defendants' response to order from Court re the Applicant's withdrawal application | 2024-11-28 | Not public |
| Defendants' response to order from Court re the Applicant's withdrawal application | 2024-11-28 | Not public |
| Procedural Order | 2024-11-26 | Not public |
| Witdrawal of action | 2024-11-26 | Not public |
| Procedural Order | 2024-11-20 | Public |
| Receipt | 2024-10-30 | Not public |
| Exhibit 1 - Exhibit 17 from ACT_51647_2024 - Illustration of the air circulation arrangement in EXPRO HUB - Redacted | 2024-10-28 | Not public |
| Application pursuant to Rule 262.2 RoP | 2024-10-28 | Not public |
| Exhibit 2 - Exhibit 18 from ACT_51647_2024 Video from operational test on 18 October 2024 - Phase 2 - Redacted | 2024-10-28 | Not public |
| Exhibit 3 - Exhibit 19 from ACT_51647_2024 - Video from operational test on 21 October 2024 - Phase 1 and 2 - Redacted | 2024-10-28 | Not public |
| Acknowledgement-of-lodging | 2024-10-28 | Not public |
| Acknowledgement-of-lodging | 2024-10-28 | Not public |
| Exhibit 25 - D5 | 2024-10-28 | Not public |
| Exhibit 30 - D8a | 2024-10-28 | Not public |
| Exhibit 17 - Illustration of the air circulation arrangement in EXPRO HUB (Confidential) | 2024-10-28 | Not public |
| Exhibit 17 - Illustration of the air circulation arrangement in EXPRO HUB (Confidential) | 2024-10-28 | Not public |
| Exhibit 24 - D4 | 2024-10-28 | Not public |
| Exhibit 1 - Certificate of Registration Footbridge Group AB | 2024-10-28 | Not public |
| Exhibit 18 - Video from operational test on 18 October 2024 -Phase 2 (Confidential) | 2024-10-28 | Not public |
| Exhibit 3 - Certificate of registration Brunngard Group | 2024-10-28 | Not public |
| Exhibit 12 - Excerpt from article on Vacuum chambers - Wikipedia | 2024-10-28 | Not public |
| Exhibit 6 - Second email from the Defendants to the Applicant on 9 August 2024 | 2024-10-28 | Not public |
| Exhibit 13 - Excerpt from Modern Vacuum Physics | 2024-10-28 | Not public |
| Exhibit 15 - Report from RISE Research Institutes of Sweden | 2024-10-28 | Not public |
| Exhibit 7 - Affidavit from Scorett CEO Peter Blomquist | 2024-10-28 | Not public |
| Exhibit 21 - D1 | 2024-10-28 | Not public |
| Exhibit 4 - Email from the Defendants to the Applicant on 9 August 2024 | 2024-10-28 | Not public |
| Exhibit 16 - Pictures of EXPRO HUB | 2024-10-28 | Not public |
| Exhibit 27- D7 | 2024-10-28 | Not public |
| Exhibit 31 - WO055 | 2024-10-28 | Not public |
| Exhibit 14 - Excerpt from the website www.expro.technology | 2024-10-28 | Not public |
| Exhibit 5 - Email from the Applicant to the Defendants on 9 August 2024 | 2024-10-28 | Not public |
| Pleading - Response to Imbox request for an inspection and preservation order | 2024-10-28 | Not public |
| Exhibit 8 - The Applicant's response to the EPO dated 3 January 2019 | 2024-10-28 | Not public |
| Exhibit 11 - Excerpt from VACUUM TECHNOLOGY_ Third_ Updated and Enlarged Edition_ 1990_ A. ROTH | 2024-10-28 | Not public |
| Exhibit 23 - D3 | 2024-10-28 | Not public |
| Exhibit 10 - The Applicant response to the EPO dated 25 May 2023 | 2024-10-28 | Not public |
| Exhibit 22 - D2 | 2024-10-28 | Not public |
| Exhibit 26 - D6 | 2024-10-28 | Not public |
| Exhibit 29- D8 | 2024-10-28 | Not public |
| Exhibit 19 - Video from operational test on 21 October 2024 - Phase 1 and 2 (Confidential) | 2024-10-28 | Not public |
| Exhibit 28- D7a | 2024-10-28 | Not public |
| Exhibit 19 - Video from operational test on 21 October 2024 - Phase 1 and 2 (Confidential) | 2024-10-28 | Not public |
| Exhibit 32 - Application under Rule 262.2 RoP | 2024-10-28 | Not public |
| Exhibit 20 - Opposition against the Patent filed on 20 August 2024 | 2024-10-28 | Not public |
| Exhibit 9 - Communication from the Examining Division dated 25 January 2023 | 2024-10-28 | Not public |
| Exhibit 2 - Letter from Applicant to the Defendants on 8 August 2024 | 2024-10-28 | Not public |
| Exhibit 18 - Video from operational test on 18 October 2024 -Phase 2 (Confidential) | 2024-10-28 | Not public |
| Pleading - Response to Imbox request for an inspection and preservation order | 2024-10-28 | Not public |
| Exhibit 18 - Video from operational test on 18 October 2024 -Phase 2 (Confidential) | 2024-10-28 | Not public |
| Exhibit 30 - D8a | 2024-10-28 | Not public |
| Exhibit 27- D7 | 2024-10-28 | Not public |
| Exhibit 12 - Excerpt from article on Vacuum chambers - Wikipedia | 2024-10-28 | Not public |
| Exhibit 23 - D3 | 2024-10-28 | Not public |
| Exhibit 10 - The Applicant response to the EPO dated 25 May 2023 | 2024-10-28 | Not public |
| Exhibit 16 - Pictures of EXPRO HUB | 2024-10-28 | Not public |
| Exhibit 21 - D1 | 2024-10-28 | Not public |
| Exhibit 26 - D6 | 2024-10-28 | Not public |
| Exhibit 29- D8 | 2024-10-28 | Not public |
| Exhibit 5 - Email from the Applicant to the Defendants on 9 August 2024 | 2024-10-28 | Not public |
| Exhibit 8 - The Applicant response to the EPO dated 3 January 2019 | 2024-10-28 | Not public |
| Exhibit 14 - Excerpt from the website www.expro.technology | 2024-10-28 | Not public |
| Exhibit 2 - Letter from the Applicant to the Defendants on 8 August 2024 | 2024-10-28 | Not public |
| Exhibit 31 - WO055 | 2024-10-28 | Not public |
| Exhibit 6 - Second email from the Defendants to the Applicant on 9 August 2024 | 2024-10-28 | Not public |
| Exhibit 1 - Certificate of Registration Footbridge Group AB | 2024-10-28 | Not public |
| Exhibit 20 - Opposition filed against the Patent on 20 August 2024 | 2024-10-28 | Not public |
| Exhibit 4 - Email from the Defendants to the Applicant on 9 August 2024 | 2024-10-28 | Not public |
| Exhibit 13 - Excerpt from Modern Vacuum Physics | 2024-10-28 | Not public |
| Exhibit 22 - D2 | 2024-10-28 | Not public |
| Exhibit 18 - Video from operational test on 18 October 2024 -Phase 2 (Confidential) | 2024-10-28 | Not public |
| Exhibit 19 - Video from operational test on 21 October 2024 - Phase 1 and 2 (Confidential) | 2024-10-28 | Not public |
| Exhibit 11 - Excerpt from VACUUM TECHNOLOGY_ Third_ Updated and Enlarged Edition_ 1990_ A. ROTH | 2024-10-28 | Not public |
| Exhibit 24 - D4 | 2024-10-28 | Not public |
| Exhibit 3 - Certificate of registration Brunngard Group AB | 2024-10-28 | Not public |
| Exhibit 32 - Application under Rule 262.2 RoP | 2024-10-28 | Not public |
| Exhibit 7 - Affidavit from Scorett CEO Peter Blomquist | 2024-10-28 | Not public |
| Exhibit 15 - Report from RISE Research Institutes of Sweden | 2024-10-28 | Not public |
| Exhibit 19 - Video from operational test on 21 October 2024 - Phase 1 and 2 (Confidential) | 2024-10-28 | Not public |
| Exhibit 9 - Communication from the Examining Division dated 25 January 2023 | 2024-10-28 | Not public |
| Exhibit 17 - Illustration of the air circulation arrangement in EXPRO HUB (Confidential) | 2024-10-28 | Not public |
| Exhibit 25 - D5 | 2024-10-28 | Not public |
| Exhibit 28- D7a | 2024-10-28 | Not public |
| Exhibit 17 - Illustration of the air circulation arrangement in EXPRO HUB (Confidential) | 2024-10-28 | Not public |
| Acknowledgement-of-lodging | 2024-10-24 | Not public |
| Application to change representative | 2024-10-24 | Not public |
| Acknowledgement of access to case | 2024-10-14 | Not public |
| Acknowledgement of access to case | 2024-10-11 | Not public |
| Notification Of Service | 2024-10-10 | Not public |
| Confirmation of service | 2024-10-10 | Not public |
| Notification Of Service | 2024-10-10 | Not public |
| Confirmation of service | 2024-10-10 | Not public |
| Letter-for-Service | 2024-10-02 | Not public |
| Letter-for-Service | 2024-10-02 | Not public |
| Order | 2024-10-02 | Public |
| Order | 2024-10-02 | Not public |
| Formal response to Order of the Court | 2024-10-02 | Not public |
| Order | 2024-10-02 | Public |
| Applicants comments in relation to preliminary Order of the Court | 2024-09-26 | Not public |
| Preliminary Order | 2024-09-23 | Not public |
| Preliminary Order | 2024-09-23 | Not public |
| Panel-Appointment | 2024-09-17 | Not public |
| Application-For-Measures-Receipt | 2024-09-17 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-09-17 | Not public |
| Transcript from the Facebook page of defendant 1 | 2024-09-16 | Not public |
| LinkedIn post from July, 2024 from the defendants, in Swedish original and English translation | 2024-09-16 | Not public |
| Photographs of August 13, 2024 of the contested product | 2024-09-16 | Not public |
| Printout of the website of defendant 1 | 2024-09-16 | Not public |
| Printout of Brunngård Group’s website with a presentation of the contested product | 2024-09-16 | Not public |
| Printout of the applicant’s website | 2024-09-16 | Not public |
| Product catalogue for IMBOX | 2024-09-16 | Not public |
| Communication from EPO regarding EP-patent application with application number EP4247208A1 | 2024-09-16 | Not public |
| Transcript of the patent application no. WO 2023/121550 A1 | 2024-09-16 | Not public |
| Request for order to preserve evidence and inspection of property without prior notice | 2024-09-16 | Not public |
| Transcript for the patent EP 2 276 862 B1 | 2024-09-16 | Not public |
| Letter of 8 August 2024 | 2024-09-16 | Not public |
| LinkedIn post from April 2024 from the defendants, in Swedish original and English translation | 2024-09-16 | Not public |
| Transcript of the patent application no. WO 2014135166 A1 | 2024-09-16 | Not public |
| Transcript for the PCT-application published as WO 2022105977 A1 | 2024-09-16 | Not public |
| Extract from the Danish companies register for Imbox Protection A/S | 2024-09-16 | Not public |
| Amended application following formal checks | 2024-09-16 | Not public |
| Correspondence dated 9 August 2024 | 2024-09-16 | Not public |
| Response to formal checks | 2024-09-16 | Not public |
| Transcript of the patent application no. WO 2021204339 A1 | 2024-09-16 | Not public |
| LinkedIn post from week 32, 2024 from the defendants, in Swedish original and English translation | 2024-09-16 | Not public |
| LinkedIn post from week 33, 2024 from the defendants, in Swedish original and English translation including article | 2024-09-16 | Not public |
| Transcript from the LinkedIn profile of defendant 1 | 2024-09-16 | Not public |
| Video demo presentation of the applicant’s solution | 2024-09-16 | Not public |
| LinkedIn post from week 32, 2024 from the defendants, in Swedish original and English translation | 2024-09-16 | Not public |
| Formal-checks_Request-for-correction | 2024-09-16 | Not public |
| Application-For-Measures-Acknowledgement | 2024-09-13 | Not public |
| Transcript from the LinkedIn profile of defendant 1 | 2024-09-13 | Not public |
| Transcript of the patent application no. WO 2014135166 A1 | 2024-09-13 | Not public |
| LinkedIn post from week 33, 2024 from the defendants, in Swedish original and English translation including article | 2024-09-13 | Not public |
| LinkedIn post from week 32, 2024 from the defendants, in Swedish original and English translation | 2024-09-13 | Not public |
| Request for order to preserve evidence and inspection of property without prior notice | 2024-09-13 | Not public |
| Communication from EPO regarding EP-patent application with application number EP4247208A1 | 2024-09-13 | Not public |
| LinkedIn post from week 32, 2024 from the defendants, in Swedish original and English translation | 2024-09-13 | Not public |
| Transcript from the Facebook page of defendant 1 | 2024-09-13 | Not public |
| Photographs of August 13, 2024 of the contested product | 2024-09-13 | Not public |
| Printout of the website of defendant 1 | 2024-09-13 | Not public |
| Transcript for the PCT-application published as WO 2022105977 A1 | 2024-09-13 | Not public |
| Product catalogue for IMBOX | 2024-09-13 | Not public |
| LinkedIn post from April 2024 from the defendants, in Swedish original and English translation | 2024-09-13 | Not public |
| LinkedIn post from July, 2024 from the defendants, in Swedish original and English translation | 2024-09-13 | Not public |
| Extract from the Danish companies register for Imbox Protection A/S | 2024-09-13 | Not public |
| Transcript for the patent EP 2 276 862 B1 | 2024-09-13 | Not public |
| Transcript of the patent application no. WO 2021204339 A1 | 2024-09-13 | Not public |
| Letter of 8 August 2024 | 2024-09-13 | Not public |
| Transcript of the patent application no. WO 2023/121550 A1 | 2024-09-13 | Not public |
| Printout of Brunngård Group’s website with a presentation of the contested product | 2024-09-13 | Not public |
| Printout of the applicant’s website | 2024-09-13 | Not public |
| Correspondence dated 9 August 2024 | 2024-09-13 | Not public |
| Video demo presentation of the applicant’s solution | 2024-09-13 | Not public |