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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2024-06-03ACT_16267/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedHamburg Local Division dismissed Ballinno B.V.'s application for provisional measures (preliminary injunction) against UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH in connection with EP 1 944 067 (method for detecting offside situations in football). The application was dismissed on urgency grounds: Ballinno had waited almost three months after acquiring knowledge of the alleged infringement before taking decisive investigative steps, which was incompatible with the urgency requirement under Art. 62(2) UPCA. Ballinno was ordered to pay costs including those of the protective letter.
2024-05-15UPC_APP_23209/2024Hamburg LDGeneric applicationProceduralCosts onlyFinal order from the Hamburg Local Division (UPC_CFI_151/2024) in Ballinno's application for provisional measures against UEFA and Kinexon entities concerning EP 1 944 067. The Court addressed defendants' applications regarding: (1) allocation of a technically qualified judge — denied; (2) security for costs of EUR 200,000 — granted at EUR 56,000 (by deposit or bank guarantee), in line with the ceiling for recoverable costs for a EUR 500,000 value of proceedings; and (3) setting of the value in dispute at EUR 2,000,000 — addressed.
2024-04-18ORD_20986/2024Hamburg LDGeneric OrderProceduralProcedural onlyProcedural order of the Hamburg Local Division on the method of service of the statement of claim on Xiaomi Communications Co., Ltd., Xiaomi Inc. (both domiciled in China) and MediaTek Inc. (domiciled in Taiwan) as defendants in infringement proceedings by Daedalus Prime LLC concerning EP 2 792 100. The Court ruled that service via the German branch offices under Rule 271.5(a) RoP was not possible since the Chinese/Taiwanese defendants did not have their own place of business within the UPCA contracting member states. Service must be effected via the Hague Service Convention.
2024-01-25no order number559935/2023 - application processed in hardcopy only (outside CMS)Hamburg LDDetermination of damages and compensationmotionName.damagesProcedural onlyThe Hamburg Local Division panel rejected Fives ECL's application under Rule 333 RoP to have the full panel review the judge-rapporteur's decision sustaining the defendant's objection (Einspruch), finding the review application inadmissible because that type of decision by the judge-rapporteur granting an objection is not subject to panel review under Rule 333 RoP.
2023-12-05UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a further procedural order setting deadlines for Avago Technologies to file its reply and response to the invalidity counterclaim, after additional submissions regarding the start date of the reply deadline, in the infringement action against Tesla Germany GmbH and Tesla Manufacturing Brandenburg SE.
2023-11-28UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a procedural order setting the deadline for Avago Technologies to file its reply to the statement of defence and its response to the invalidity counterclaim, taking into account the delayed receipt of the confidential defence version and aligning the two deadlines.
2023-11-03UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a final confidentiality order under Rule 262A RoP in Avago v. Tesla, defining the scope of protection for trade secrets and the category of persons permitted to access confidential information.
2023-10-27UPC_CFI_22/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division granted an extension of the deadline for Vizgen, Inc. to file its defence in an infringement action by 10x Genomics and Harvard College, citing delayed upload of statement of claim annexes by the claimants and a delayed CMS access for the defendant's representatives.
2023-10-22UPC_APP_49415/2024Hamburg LDApplication Rop 333ProceduralProcedural onlyHamburg Local Division granted requests for production of documents under R.190/333 RoP in the context of an abuse of rights defence. The panel ordered claimants to produce specific internal documents relevant to an alleged abuse of rights objection raised by defendant Vizgen, including email correspondence and deposition transcripts from related US proceedings.
2023-10-04UPC_CFI_278/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued an order granting extension of deadlines for multiple defendants (Gucci entities) to file their defence, aligning deadlines and addressing the appointment of a common electronic service representative, in an infringement action involving Guccio Gucci S.p.A. and related entities.
2023-10-04UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division issued a provisional order restricting access to confidential information under Rule 262A RoP to the parties' legal representatives only, pending a final decision on the confidentiality application, in an infringement action by Avago Technologies against Tesla entities concerning EP 1 612 910.
2023-08-22UPC_CFI_54/2023Hamburg LDInfringement ActionProceduralProcedural onlyThe Hamburg Local Division addressed Tesla's request for a deadline extension to file its defence in Avago Technologies' infringement action, in circumstances where key personnel were on holiday and supplier coordination was required.
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