UPC_CFI_386/2024; UPC_CFI_610/2024_Aug15 – HL Display v Black Sheep

Court
Local Division The Hague
Date
Outcome
Granted
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Order after interim conference The JR: 1. announced the appointment of a Technical Judge; 2. confirms the agreement on the use of visual aids during the hearing; 3. informs the parties that during the oral hearing they have to discuss the points raised by the Court and will get 20-30 minutes for a closing argument; 4. sets the value of the dispute; 5. orders that one week before the hearing parties will give a legal cost estimate; 6. states that parties are encouraged to talk (about settlement); 7. sets the hearing date: 22 August 2025 at 10 a.m. Comment 1. As far as can be seen this is only an infringement case which explains the late appointment of the Technical Judge which is not an obligation in (only) an infringement case, but parties/the Court can request this. Apparently, that is what happened. 2. If the Court wants to organise the hearing as indicated, it is hoped for the parties that a few days (week) before the hearing they receive the points the Court wants to discuss. Representatives should make sure that they raise all other points which they consider important as they will not be able to do that (for the first time) on appeal. 3. The Court is apparently aiming at an agreement on costs so that separate proceedings are not necessary. As both counsels are Dutch and are used to try to settle costs by agreement, it is likely that clients can be spared the costs of separate cost proceedings.

Full Decision Text

1 UPC_CFI_386/2024 ACT_ 39810/2024 UPC_CFI_610/2024 CC_57457/2024 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 15/08/2025 concerning: R. 105.5 CLAIMANT/S 1) HL Display AB (Claimant) - 131 26 Nacka Strand - Box 1118 - Stockholm - SE Represented by Gertjan Kuipers DEFENDANT/S 1) Black Sheep Retail Products B.V. (Defendant) - Betsy van Goorstraat 22 - 6702DC - Wageningen - NL Represented by Tjibbe Douma PATENT AT ISSUE Patent no. Proprietor/s EP2432351 HL Display AB No SPC details provided Patent no. SPC details SPC ID National Designations 2 No SPC Holders provided Patent no. SPC ID National Designations Holders DECIDING JUDGE Presiding judge Edger Brinkman Judge-rapporteur Edger Brinkman LANGUAGE OF PROCEEDINGS: English SUBJECT-MATTER OF THE PROCEEDINGS Infringement claim GROUNDS FOR THE ORDER According to R. 105.5 RoP, the JR will issue an order following the of 17 June 2025, 10.00 AM (videocon). Parties had no comments on the draft order circulated which was as follows (in the order of the Agenda points): 1. Appointment of technical judge (not yet visible in CMS); This has been done and we now welcome judge Callewaert to the panel 2. Use of visual aids during hearing; Use of powerpoint is agreed, the presentations will be exchanged at 8:30 AM on the hear- ing day. 3. Potential determination of discussion points for oral hearing; The JR has indicated that the panel is likely to give a view on the points they would like parties to address at the beginning of the OH. At the end of the OH, parties will have a 20- 30 min possibility to plead any other points they wish (a closing argument). 4. Request by BSRP for rescheduling of the main hearing; The OH is rescheduled to 22 August 2025 at 10 AM (in person). Parties indicated that at this point, they do not anticipate online participants but will inform the clerks should this change. 5. Setting the value of the dispute; Parties agree on EUR 500.000 for the claim and also EUR 500.000 in the counter claim, so it was set. 6. Setting a deadline for submission of legal cost estimate (proposal JR: 1 week before the OH) Parties agree with this proposal. 7. Other points of R. 104, including any settlement negotiations. No settlement negotiations are going on. Parties are encouraged to at least talk. In the operative part of this order, only the hearing date and the case value are ordered. 3 ORDER - The OH is rescheduled to 22 August 2025 at 10 AM (in person). - The value of the case is set at EUR 500.000 for the claim and also EUR 500.000 in the counter claim. ORDER DETAILS Order no. ORD_69439/2024 in ACTION NUMBER: ACT_39810/2024 UPC number: UPC_CFI_386/2024 Action type: Infringement Action Related proceeding no. Not provided Not provided Not provided Not provided

Key Holdings

  • Order issued following interim conference.
  • Technical Judge appointed.
  • Hearing structure and cost estimate submission ordered.

Tags

  • Case Management
  • Interim Measures
  • Oral Hearing
  • Technically Qualified Judge

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