Key takeaways
Strict proof of identity for prior public use (Art. 54 EPC)
The party alleging prior public use bears the full burden of proving that all claimed features were publicly accessible without confidentiality prior to the priority date.
A complete and verifiable chain of identity between the tested sample and the delivered product is mandatory. Unresolved discrepancies in material numbers, specifications, or flawed test data preclude establishing prior public use.
Novelty of numerical ranges with cumulative parameters (Art. 54 EPC)
The disclosure of a broader numerical range in the prior art does not automatically anticipate a narrower claimed range falling within it. This applies with particular force where several parameters must be met cumulatively and the prior art does not consider some of the claimed ranges.
Prior private use requires positive inventive possession (Art. 28 UPCA)
A defense of prior private use under Art. 28 UPCA is governed by national law and strictly requires proof of “inventive possession” (Erfindungsbesitz).
The invoking party must have fully recognized and mastered the concrete technical teaching in a repeatable manner prior to the priority date. Merely pursuing generic optimization goals or achieving the claimed features coincidentally does not establish prior use rights.
Division
LD Duesseldorf
UPC number
UPC_CFI_466/2025,
UPC_CFI_869/2025
Type of proceedings
Infringement action and revocation counterclaim
Parties
Claimant: Dai Nippon Printing Co., Ltd.
Defendants: Zapp AG, Zapp Precision Metals GmbH
Patent
EP 3 805 415 B1
Jurisdictions
UPC
Body of legislation / Rules
Art. 28 UPCA, Art. 54 EPC
