This is a summary of developments in and around the Unified Patent Court (UPC) in the week since our March 8, 2025 UPC Roundup. Not much to report on, but we prefer to keep the weekly rhythm.
1. Hurom v. NUC injunction; clarification on jurisdiction for infringement that occurred or started prior to start of UPC; non-UPC countries added between hearing and judgment, left for new case
The Mannheim Local Division (LD) granted Hurom an injunction against some NUC products over a juice extractor patent. Two questions that are not specific to the patent-in-suit were also addressed:
- This will ultimately have to be clarified by the Court of Appeal (CoA), but with respect to patent infringement damages the question of whether the UPC’s governing statutes or national law apply will arise again and again. The Mannheim LD says:
- infringements that started after the launch of the UPC (June 1, 2023) are decided under rules (this is the clearest case of the three scenarios addressed by the court);
- infringements that occurred entirely prior to the launch of the UPC are subject to national law; and
- infringements that began prior to the launch of the UPC but continued thereafter will also be adjudicated under UPC rules.
- What will not reoccur too often, if at all, is a scenario in which a patentee (as did Hurom in this case) asks for leave to add some non-UPCland countries to the case because, between the UPC hearing and judgment, the European Court of Justice (ECJ) handed down its game-changer BSH Hausgeräte ruling. In this situation, the Mannheim LD believes a follow-up proceeding is needed to deal with the additional geographic markets.
2. New cases
- Samsung countersuing ZTE in the Mannheim LD (detailed article)
- Jinko Solar suing LONGi in the Munich LD (LinkedIn post)
- Three healthcare cases (Dusseldorf LD and Munich LD): Qiagen v. bioMérieux, Versah v. Adin Dental Implant Systems, BioMarin v. Ascendis (LinkedIn post)
- Sanofi & Regeneron v. Amgen (Dusseldorf LD) (LinkedIn post)
- Michelin v. Goodyear over EP2323858 (“Variable surface area tire tread”) (Paris LD); Goodyear already sued Michelin over tire patents approximately 100 years ago (citation of the appellate ruling affirming the invalidity of the patent-in-suit: Goodyear Tire Rubber Co. v. Michelin Tire Co., 18 F.2d 216 (6th Cir. 1927))
3. Recent and upcoming hearings
Recent hearings:
- Monday, March 10, 2025:
- Tiru v. Maguin SAS, Valinea Energie (Paris LD; application for order for inspection)
- Insulet Corporation v. EOFlow Co., Ltd and Insulet Corporation v. A. Menarini Diagnostics s.r.l (CoA; Rule 220.1 RoP appeal)
- Thursday, March 13, 2025: Seoul Viosys Co., Ltd v. Laser Components SAS (intervening party: Photon Wave Co.,Ltd.) (Paris LD)
Upcoming hearings:
- Tuesday, March 18, 2025: Belkin v. Philips (CoA, Rule 220.2 RoP appeal and Rule 237 RoP Philips v. Belkin cross-appeal)
- Wednesday, March 19, 2025: Hand Held Products, Inc. v. Scandit AG (Hamburg LD; application for provisional measures)
- Thursday, March 20, 2025:
- Bekaert Binjiang Steel Cord Co. & Ltd. v. Siltronic AG & Hinterberger GmbH & Co. KG (Dusseldorf LD; application for an order for inspection)
- HanShow v. VusionGroup (CoA; Rule 221 RoP appeal)
- Friday, March 21, 2025: Kinexon Sports & Media GmbH v. Ballinno B.V. (CD Paris; revocation action)
- Tuesday, March 25, 2025:
- Xiaomi v. Daedalus Prime (revocation; CD Paris)
- Viking Arm AS v. Stanley Black & Decker Sweden AB, Stanley Black & Decker Inc., Stanley Black & Decker Deutschland GmbH (Nordic-Baltic RD)
- Wednesday, March 26, 2025: Amazon v. Nokia (CoA, Rule 220.1 RoP appeal)
- Thursday, March 27, 2025:
- Lindal Dispenser GmbH v. Rocep-Lusol Holdings Limited (revocation; CD Paris)
- Grundfos Holding A/S v. Hefei Xinhu Canned Motor Pump Co., Ltd. (Dusseldorf LD)
- Thursday, April 3, 2025: Aylo Premium v. DISH (revocation; CD Paris)
- Friday, April 4, 2025:
- Hurom v. NUC Electronics (Paris LD)
- Edwards v. Meril (Munich LD)
- Wednesday, April 9, 2025: Boehringer v. Zentiva (Lisbon LD; preliminary injunction hearing)