Key takeaways
The “attacked embodiment” is defined by the claimant’s asserted technical features, not just specific product examples, and can include unknown or future products.
The claimant can exemplify infringement on a sample product. The burden then shifts to the defendant to specifically dispute why other listed products do not fall under this definition.
Registration in the patent register creates a rebuttable presumption of standing to sue under Rule 8.5(c) RoP, shifting the burden of proof to the defendant.
Merely disputing the validity of a patent purchase agreement without presenting compelling facts is insufficient for a defendant to rebut the presumption of the claimant’s proprietorship.
A patent can be revoked for inadmissible extension (Art. 123(2) EPC) if claim language implies a physical structure not unambiguously disclosed in the original application.
The term “coupled between” was found to imply a physical separation not supported by the original disclosure’s term “associated to,” leading to the patent’s revocation.
Attributing a function to a different entity (the network interface) than disclosed in the application also constituted added matter, invalidating the patent.
An order to produce evidence under Rule 190 RoP requires the claimant to first present plausible evidence of infringement; it is not for “fishing expeditions.”
The request was rejected as the claimant’s initial evidence was implausible. The court found the request was aimed at finding a basis for infringement, not substantiating an existing claim.
Division
Local Division Munich
UPC number
UPC_CFI_63/2024, UPC_CFI_449/2024
Type of proceedings
Infringement action and Counterclaim for revocation
Parties
Claimant / Counterdefendant: Network System Technologies LLC
Defendants / Counterclaimants: Qualcomm Incorporated, Qualcomm Technologies, Inc., and Qualcomm Germany GmbH
Patent(s)
EP 1 552 669
Jurisdictions
France, Germany
Body of legislation / Rules
Rule 8.5 RoP
Rule 190 RoP
Art. 47 UPCA
Art. 59 UPCA
Art. 65 UPCA
Art. 123(2) EPC
Art. 138(1)(c) EPC
