UPC Analytics
ENDE

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2024-08-30UPC_CFI_52/2023Munich LDInfringement ActionInfringement meritsNot infringedThe Munich Local Division found EP 1 838 002 B1 invalid (revoked for the territory of Germany) on the counterclaims for revocation filed by Tesla, finding the patent anticipated by prior art D3. The patent amendment requests were dismissed. The infringement action was dismissed as the patent lacks validity. Avago (claimant) bears all costs.
2024-08-09UPC_CFI_122/2024Paris CDRevocation ActionRevocation meritsWithdrawnThe Paris Central Division issued a decision following Aiko Energy Germany's withdrawal of its revocation action against Maxeon Solar's EP 3 065 184 before service on the defendant, also ruling on the reimbursement of court fees under R.370(9)(b)(i) RoP.
2024-07-31ACT_547520/2023Munich LDInfringement ActionInfringement meritsRevokedMunich Local Division revoked DexCom's patent EP 3 350 592 (CGM system) in its entirety on Abbott's counterclaim for revocation, and dismissed all of DexCom's infringement claims. The patent was found invalid as granted and in its auxiliary request forms (1 and 2) for lack of novelty/inventive step. DexCom was ordered to bear all costs of the proceedings.
2024-07-19ACT_551308/2023Paris CDRevocation ActionRevocation meritsPatent amendedThe Paris Central Division rejected the revocation actions filed by Meril Italy Srl and Meril GmbH/Meril Life Sciences Pvt Ltd against EP 3 646 825, maintaining the patent in amended form as per auxiliary request II submitted during the proceedings; costs were split 60% (claimants/counterclaimants) and 40% (defendant).
2024-07-19CC_585030/2023Paris CDCounterclaim for revocationRevocation meritsPatent amendedDecision of the Paris Central Division rejecting the revocation action by Meril Italy Srl and the counterclaims for revocation by Meril GmbH and Meril Life Sciences Pvt Ltd against Edwards Lifesciences Corporation's EP 3 646 825 (prosthetic heart valve). The patent is maintained as amended in auxiliary request II, which limits claims to a frame made up entirely of hexagonal cells. The revocation claimants (60%) and defendant (40%) share costs.
2024-07-19CC_584916/2023Paris CDCounterclaim for revocationRevocation meritsPatent amendedThe Central Division (Paris) maintained Edwards Lifesciences' EP 3 646 825 (prosthetic heart valve) in amended form (Auxiliary Request II) following revocation actions and counterclaims by Meril entities. All invalidity grounds against the amended claims were rejected.
2024-05-16UPC_CFI_372/2023Paris CDRevocation ActionProceduralCosts onlyThe Paris Central Division addressed allocation of costs following the patent proprietor's immediate surrender of EP 3 170 639 B1 in response to a revocation action, holding it is generally unfair to impose costs on a proprietor who immediately surrenders when confronted with new prior art, particularly where no prior warning notice was required.
2024-05-10UPC_APP_3514/2024Paris CDPreliminary objectionmotionName.jurisdictionalDismissedThe Paris Central Division dismissed a preliminary objection by Tandem Diabetes Care contesting the UPC's jurisdiction based on an alleged violation of a standstill agreement before filing the revocation action by Roche Diabetes Care, ruling that breach of a standstill agreement does not constitute grounds for challenging the court's jurisdiction.
2024-04-30UPC_APP_19959/2024Paris CDGeneric applicationProceduralProcedural onlyThe Paris Central Division exercised its discretion to admit Edwards Lifesciences' subsequent request to amend patent EP 3 646 825 after the written procedure had closed, provided that Meril Italy was granted additional time to submit a defence to the new amendment, holding that such admission does not prejudice the opposing party's right of defence.
2024-01-22UPC_CFI_308/2023Paris CDRevocation ActionProceduralProcedural onlyThe Paris Central Division issued a procedural order in the NJOY v. VMR Products revocation action, ruling on the date of service of VMR's defence to revocation, determining that service was effected on 13 December 2023 when the Registry notified the corrected defence to NJOY.
2023-11-13UPC_CFI_255/2023Paris CDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Paris Central Division issued an order on a preliminary objection filed by Edwards Lifesciences Corporation challenging the competence of the Central Division to hear a revocation action by Meril Italy srl concerning EP 3 646 825, raising issues of same parties and Article 33(2) UPCA.
2023-08-25UPC_CFI_52/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a preliminary order clarifying that postal handover for service purposes occurs approximately two days after the document is handed to the court's postal channel, addressing a preliminary objection deadline in Avago v. Tesla.
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