UPClytics

Cases

Workhorse listing across all UPC cases. Filters apply across tabs.

DateCaseDivisionActionMotionOutcomeSummary
2024-07-06UPC_APP_15611/2024Munich LDApplication RoP262AProceduralProcedural onlyConfidentiality order (R. 262A RoP) by Munich Local Division in Panasonic v OPPO/OROPE proceedings concerning EP 3 024 163. The court granted a confidentiality regime for disputed documents, granting each side (claimant: 3 persons, defendants: 4 persons) access to confidential materials. The scope was aligned with the handling in parallel proceedings against Xiaomi.
2024-06-16UPC_CFI_201/2024Munich LDGeneric OrderProcedural onlyThe Munich Local Division granted a confidentiality protection order under Rule 262A RoP for documents in provisional measures proceedings, covering information in Confidential Exhibits SA-1 and SA-9 submitted by the defendants (Sumi Agro). The claimant (Syngenta) did not formally object. The order was issued in a new workflow due to a CMS malfunction in the original application.
2024-06-12UPC_APP_34029/2024Munich LDGeneric applicationProceduralProcedural onlyThe Local Division Munich, in preliminary measures proceedings, granted a postponement of the oral hearing from 11 July to 12 July 2024 at the request of defendants whose counsel had a prior conflicting hearing, as the claimant ultimately agreed to the rescheduling.
2024-05-21ACT_589207/2023Munich LDApplication for provisional measuresPreliminary injunctionPI grantedThe Munich Local Division granted Dyson Technology Ltd. a preliminary injunction against SharkNinja Germany GmbH and SharkNinja Europe Limited, prohibiting them from offering or supplying certain handheld vacuum cleaners (models IW3611EU, IW3611DE, IW1611EU, IW1611DE, BU1120DE) in Germany and France that infringe EP 2 043 492, subject to Dyson commencing main proceedings within 31 calendar days or 20 working days.
2024-05-13UPC_APP_26281/2024Munich LDGeneric applicationProceduralProcedural onlyOrder by Munich Local Division (UPC_CFI_127/2024, 15 May 2024) on Motorola Mobility Germany GmbH and Digital River Ireland Ltd.'s application to extend the preliminary-objection deadline (R. 19.1, R. 9.3(a) RoP) to align with the deadline for US-served co-defendants, citing procedural economy in a patent infringement action by Headwater Research LLC for EP 3 110 072.
2024-05-09UPC_APP_26104/2024Munich LDGeneric applicationProceduralProcedural onlyMunich Local Division procedural order (judge-rapporteur Zigann) in infringement proceedings by NEC Corporation against TCL/TCT Mobile entities concerning EP 3 057 321. The order addresses a request by defendants to compel the claimant to supply the HEVC standard version referenced in the statement of claim. The order likely resolves this document disclosure issue procedurally. No substantive ruling on infringement or validity.
2024-05-08UPC_APP_22295/2024Munich LDGeneric applicationEvidenceProcedural onlyThe Munich Local Division issued an order requiring Huawei to disclose a recently concluded licence agreement with Amazon under confidentiality restrictions (Rule 262A RoP) for use in the FRAND/SEP infringement proceedings.
2024-05-08UPC_APP_11857/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedThe Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552669, rejecting challenges to standing, admissibility of pre-2022 damages, and the sufficiency of the infringement read, while deferring jurisdiction objections relating to UK-territory claims to a later stage.
2024-05-08UPC_APP_11863/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedThe Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1552399, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669.
2024-05-08UPC_APP_11845/2024Munich LDPreliminary objectionmotionName.jurisdictionalDismissedThe Munich Local Division partially dismissed preliminary objections filed by Volkswagen, Audi, and Texas Instruments in infringement proceedings by Network System Technologies LLC concerning EP1875683, rejecting challenges on substantially the same grounds as in the parallel proceedings concerning EP1552669 and EP1552399.
2024-05-08UPC_APP_11850/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyThe Local Division Munich resolved preliminary objections filed by Volkswagen, Audi AG, and Texas Instruments defendants in NST's infringement action concerning EP 1 875 683, rejecting jurisdiction and standing challenges and finding that a detailed infringement read on one example device is sufficient at the pleading stage to cover a list of accused devices.
2024-05-08UPC_APP_12111/2024Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyOrder on preliminary objections (Rule 19 RoP) and requests pursuant to Rule 361 RoP filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC in an infringement action concerning EP 1 552 399 B1. The Court addressed issues of admissibility of the infringement action, withdrawal of opt-out validity under Rule 5 RoP, and standing to sue. No final substantive ruling on infringement or patent validity.
2024-05-08UPC_APP_12109/2024Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyOrder by Munich Local Division (UPC_CFI_514/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities. The court upheld the validity of the opt-out withdrawal, NST's standing to sue including for pre-assignment infringement, and rejected challenges to the admissibility of the infringement action concerning EP 1 875 683 B1.
2024-05-08UPC_APP_11854/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyOrder by Munich Local Division (UPC_CFI_513/2023, 8 May 2024) dismissing preliminary objections by Volkswagen AG, Audi AG and Texas Instruments entities in NST's infringement action for EP 1 552 669 B1. Substantially the same as the companion order in UPC_CFI_514/2023: opt-out withdrawal was valid; NST had standing to sue including for pre-assignment infringement.
2024-05-08UPC_APP_11795/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyMunich Local Division order (full panel, Zigann presiding) on preliminary objections by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH, and on requests under R. 361 RoP, in infringement proceedings by Network System Technologies LLC concerning EP 1 552 399. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections (R. 19 RoP) were partially dismissed with the remaining jurisdictional issue deferred to the main proceedings. Leave to appeal granted. Costs deferred to main proceedings.
2024-05-08UPC_APP_12101/2024Munich LDGeneric applicationmotionName.jurisdictionalProcedural onlyMunich Local Division order (full panel) on preliminary objections and R. 361 RoP requests by Volkswagen AG, Audi AG, Texas Instruments Inc., and TI Deutschland GmbH in infringement proceedings by Network System Technologies LLC concerning EP 1 875 683. The R. 361 requests to declare the action manifestly inadmissible or unfounded were dismissed. The preliminary objections were partially dismissed with the remaining jurisdictional issue on patent assignment and pre-assignment infringement deferred to main proceedings. Leave to appeal granted. Costs deferred.
2024-05-08UPC_APP_11791/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyMunich Local Division order (full panel, Pichlmaier as judge-rapporteur) on preliminary objections and R. 361 requests by Volkswagen AG, Audi AG, Texas Instruments Inc. and TI Deutschland GmbH in a second infringement action by Network System Technologies LLC concerning EP 1 875 683. Identical in substance to the parallel case (UPC_APP_12101/2024): R. 361 requests dismissed; preliminary objections partially dismissed with residual jurisdiction/assignment issues deferred to main proceedings. Leave to appeal granted. Costs deferred.
2024-05-08UPC_APP_11861/2024Munich LDPreliminary objectionmotionName.jurisdictionalProcedural onlyMunich Local Division dismissed preliminary objections (Rule 19 RoP) and requests to declare the action manifestly bound to fail (Rule 361 RoP) filed by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH against Network System Technologies LLC's infringement action concerning EP 1 552 399. The court held that NST has standing to sue based on the patent assignments; infringement allegations need only be detailed for one exemplary device at this stage; the jurisdiction objection relating to UK/TI damages claims was deferred to the main proceedings; leave to appeal was granted.
2024-04-24UPC_APP_9728/2024Munich LDProcedural OrderProceduralProcedural onlyProcedural order of the Munich Local Division in infringement proceedings concerning a Wi-Fi 6 standard-essential patent. The order granted the defendants' R. 190 RoP request for production of a Qualcomm patent licence agreement (claimed relevant to an exhaustion defence), subject to confidentiality protection measures (R. 262A RoP). The court ordered the agreement to be produced in full and unredacted, designated a named person (Anna Lam) to receive the confidential document on the defendants' behalf, and ordered associated protective measures.
2024-04-23UPC_APP_11732/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that the patent troll claimant Network System Technologies LLC provide security for legal costs, finding the conditions under Art. 69(4) UPCA and R. 158 RoP were not met.
2024-04-23UPC_APP_11434/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division dismissed applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH requesting that claimant Network System Technologies LLC provide security for legal costs of €600,000 per defendant under Art. 69(4) UPCA; costs of the applications to be addressed in the main proceedings.
2024-04-23UPC_APP_11444/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division ruled on security for costs applications by Volkswagen AG, Audi AG, Texas Instruments Incorporated and Texas Instruments Deutschland GmbH against Network System Technologies LLC under Art. 69.4 UPCA.
2024-04-23UPC_APP_11835/2024Munich LDGeneric applicationProceduralDismissedThe Munich Local Division dismissed applications by Volkswagen, Audi, and Texas Instruments for security for legal costs against Network System Technologies LLC (NST), finding that the defendants failed to sufficiently substantiate that NST's financial position posed a legitimate and real risk that a cost order would not be recoverable.
2024-04-23UPC_APP_11454/2024Munich LDGeneric applicationCostsProcedural onlyOrder of the Munich Local Division on three applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in an infringement action concerning EP 1 552 399 B1. The Court denied the security applications, balancing the risk of non-enforcement against the right of NST to an effective remedy.
2024-04-23UPC_APP_11833/2024Munich LDGeneric applicationCostsProcedural onlyOrder of the Munich Local Division on applications for security for legal costs (Rule 158 RoP, Art. 69.4 UPCA) filed by Volkswagen AG, Audi AG, Texas Instruments Inc. and Texas Instruments Deutschland GmbH against Network System Technologies LLC as claimant in a separate infringement action concerning EP 1 875 683 B1. As with the parallel case (UPC_APP_11454/2024), the Court denied the security applications, applying the same balancing analysis.
2024-04-23UPC_APP_11431/2024Munich LDGeneric applicationProceduralProcedural onlyProcedural order of the Munich Local Division on applications by Volkswagen, Audi and Texas Instruments for security for costs against Network System Technologies LLC (a US NPE claimant), in infringement proceedings concerning an integrated circuit patent. The applicants requested EUR 200,000 security per defendant. The Court considered the right to an effective remedy as a relevant factor, noting security for costs can restrict access to justice under Art. 47 of the EU Charter of Fundamental Rights.
2024-04-08UPC_APP_16619/2024Munich LDGeneric applicationProceduralProcedural onlyOrder from the Munich Local Division (UPC_CFI_501/2023) rejecting Meril's request for a three-week extension to file its Statement of Defence following a language change from German to English. The Court held that a language change agreed to shortly before the deadline does not constitute exceptional circumstances justifying an extension, consistent with the UPC's principle that extensions should be granted only in exceptional cases.
2024-03-13UPC_CFI_354/2023Munich LDApplication for provisional measuresSettledThe Munich Local Division issued a decision confirming the settlement between the parties in provisional measures proceedings brought by Steindl Krantechnik against BEHA Bau- und Forstgreiftechnik concerning EP 3 287 315. Following the oral hearing of 30 January 2024, the parties reached a preliminary agreement and subsequently filed a settlement text under R. 365 RoP. The court confirmed the settlement, ordered its details to be kept confidential (R. 365.2 RoP), and noted that no separate costs decision was required as costs were regulated in the settlement.
2024-03-05UPC_APP_7662/2024Munich LDGeneric applicationProceduralProcedural onlyThe Munich Local Division denied Edwards Lifesciences Corporation's request to convert a scheduled video-conference intermediate hearing to an in-person hearing, and also denied the court-ordered simultaneous interpretation from German into English, ruling that the claimant had voluntarily chosen German as the language of proceedings and could arrange interpretation at its own expense under R. 109.2 RoP.
2024-02-19UPC_APP_6074/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a post-hearing order in Huawei v. Netgear following a separate hearing under Rule 334(d) RoP on 19 February 2024, characterising that hearing as a separate hearing and setting out procedural steps regarding the recording and a pending Rule 336 RoP interim decision application.
2024-02-12UPC_CFI_114/2024Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order in Heraeus v Vibrantz, upholding the claimant's amendment of infringement claims to include indirect infringement of a process claim without requiring court leave, granting other amendments to extend claims to Romania, and allowing substitution of parties in the revocation counterclaim.
2024-02-09UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued an order under Rule 322 RoP in the Huawei v. Netgear infringement proceedings, deciding that, although German remains the language of proceedings, the oral hearing shall be conducted in English, relying on Rules 1.1 and 14.2(c) RoP to ensure an efficient and fair hearing given the international nature of the case and the parties' agreement.
2024-01-23UPC_CFI_181/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a post-interim-conference order in KraussMaffei v. TROESTER, confirming the oral hearing date of 16 April 2024, setting final pleading deadlines, fixing the value of the proceedings at EUR 2 million, and inviting parties to submit preliminary cost estimates.
2024-01-03UPC_APP_598021/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order in Philips IP Ventures v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline in the infringement proceedings, taking into account that the written grounds of a Bundespatentgericht decision revoking the German part of the patent had only been served shortly before Christmas 2023.
2024-01-03UPC_APP_598024/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order in Koninklijke Philips N.V. v. Edrich et al. (Belkin), granting Philips a one-week extension of the reply deadline, mirroring the parallel Philips IP Ventures case and noting that the German part of EP2628233 had also been found invalid by the Bundespatentgericht.
2023-12-27UPC_CFI_181/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order in the KraussMaffei v. TROESTER infringement case, establishing rules for the protection of confidential information under Rules 262 and 262A RoP, clarifying that confidentiality applications must be made at the time of initial filing or within 14 days, and that in exceptional circumstances protection may be granted via Rule 9 workflow.
2023-12-20UPC_CFI_292/2023Munich LDApplication for provisional measuresPreliminary injunctionPI deniedThe Munich Local Division dismissed SES-imagotag's application for provisional measures against Hanshow Technology and related entities concerning electronic shelf label technology, finding that infringement of EP3883277 had not been established with sufficient certainty. The court also ordered SES-imagotag to bear the costs including those of the protective letter filed by the respondents.
2023-12-19UPC_CFI_249/2023Munich LDApplication for provisional measuresProceduralCosts onlyThe Munich Local Division issued a costs order following the discontinuation of provisional measures proceedings after the respondents (Meril) provided an undertaking to cease the contested acts. The court found the proceedings had become moot, declared the PI application resolved, and ordered the respondents to bear the applicant's costs up to a ceiling of EUR 200,000, holding that respondents had unnecessarily caused those costs.
2023-12-11UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division dismissed Netgear's Rule 333 RoP request to have the full panel review the judge-rapporteur's decision to deal with the preliminary objection in the main proceedings, holding that a Rule 20.2 notification cannot be appealed or subject to panel review, and that inadmissible Rule 333 requests are decided by the rapporteur alone.
2023-12-11UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division granted Huawei's application under Rule 263 RoP to amend its infringement claim to add EP 3 678 321 as an additional patent in suit alongside EP 3 611 989, having originally sued only on the latter patent; the court addressed the admissibility of claim amendment after conclusion of a limitation procedure.
2023-12-11UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a provisional order under Rule 302.1 RoP considering possible severance of the newly added EP 3 678 321 claims from the main case following the grant of the claim amendment, inviting submissions from parties on whether the new patent should be heard separately.
2023-12-05UPC_CFI_2/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division imposed a penalty payment of EUR 100,000 on NanoString Technologies entities for non-compliance with a preliminary injunction under Article 62 UPCA, clarifying that no separate enforcement order is required under Article 82(4) UPCA and that national enforcement law requirements do not apply.
2023-12-04UPC_CFI_220/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a further order in the consolidated Panasonic v. Xiaomi cases (UPC_CFI_213, 220, 224), granting deadline extensions for defendant groups and addressing service on foreign defendants including those domiciled in China and Hong Kong.
2023-11-27UPC_CFI_220/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a provisional order in three consolidated infringement cases (UPC_CFI_213, 220, 224) by Panasonic against ten Xiaomi entities, granting deadline extensions for defendants 3-6, 9-10 to file their defence and addressing service questions concerning Xiaomi entities domiciled in China and Hong Kong.
2023-10-26UPC_CFI_357/2023Munich LDApplication for provisional measuresPreliminary injunctionWithdrawnThe Munich Local Division accepted the withdrawal of the application for provisional measures (anti-anti-suit injunction) filed on 5 October 2023 by 10x Genomics and Harvard College, and declared the proceedings terminated; court fees were to be borne by the applicants.
2023-10-06UPC_CFI_357/2023Munich LDApplication for provisional measuresProceduralProcedural onlyThe Munich Local Division issued a provisional order in an application for provisional measures, serving a written procedure on NanoString Technologies Inc. in connection with a request by 10x Genomics and Harvard College for an anti-anti-suit/enforcement injunction (AASI/AAEI) to prevent NanoString from seeking a US anti-suit injunction against UPC proceedings.
2023-10-03UPC_CFI_9/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order clarifying obligations to use CMS official workflows, including the Rule 262.2 workflow for confidentiality protection from third parties and the Rule 262A workflow for confidentiality between parties, in an infringement action by Huawei against Netgear.
2023-09-29UPC_CFI_15/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order setting out requirements for using official CMS forms and workflows, and clarifying that a security for costs application under Rule 158.1 RoP requires demonstration that the opposing party's financial circumstances give reason to fear a cost order cannot be enforced.
2023-09-27UPC_CFI_5/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order regarding service of the statement of claim on defendants in an infringement action brought by Philips IP Ventures B.V. against Belkin entities and individual defendants.
2023-09-27UPC_CFI_62/2023Munich LDInfringement ActionProceduralProcedural onlyThe Munich Local Division issued a procedural order concerning service of the statement of claim on defendants in an infringement action brought by Koninklijke Philips N.V. against Belkin entities and individual defendants.
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