Key takeaways
The CoA confirmed its standards for the claim construction as stated in the order of CoA of February 26, 2024, UPC_CoA_335/2023
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- The patent claim is not only the starting point but also a decisive basis for determining the scope of protection of the European Patent.
- The interpretation of a patent claim does not depend solely on its exact literal wording. Rather, the description and the drawings must always be considered for the interpretation of the patent claim and not only to resolve any ambiguities in the patent claim.
Claim features must always be interpreted in the light of the claim as a whole
File Wrapper Estoppel
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In the first instance proceedings, the LD Munich considered claims originally filed with the patent application for claim construction (order of of December 20, 2023, UPC_CFI_292/2023). However, the CoA did not address the question whether the prosecution history must be considered for claim construction and left it open as the parts of documents from the examination proceedings cited by the parties did not contain any new findings.
Division
Court of Appeal
UPC number
UPC_CoA_1/2024
Type of proceedings
Proceedings for provisional measures
Parties
VusionGroup SA (formerly SES-imagotag SA)
Hanshow Technology Co. Ltd; Hanshow Germany GmbH; Hanshow France SAS; Hanshow Netherlands B.V.
Patent(s)
EP 3883277
Body of legislation / Rules
Art. 62(4) UPCA, R. 211.2 RoP, Art. 69 EPC
