Key takeaways
Experimental data which are not disclosed in the patent specification are, as a general rule, not relevant to the interpretation of the patent claims.
The court confirms the principles on claim construction: The patent claim is not only the starting point but the decisive basis for determining the protective scope of a European patent under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69 EPC. The interpretation of a patent claim does not depend solely on the strict, literal meaning of the wording used. Rather, the description and the drawings must always be used as explanatory aids for the interpretation of the patent claim and not only to resolve any ambiguities in the patent claim. (UPC_CoA_335/2023, NanoString v 10x Genomics, 26 February 2024 as rectified).
Division
CoA Luxembourg
UPC number
UPC_CoA_579/2025
Type of proceedings
Provisional measures re. patent infringement
Parties
Appellant
OTEC Präzisionsfinish GmbH
Respondent
STEROS GPA Innovative S.L
Patent(s)
EP 4 249 647
Body of legislation / Rules
R. 222.1 RoP, Art. 69 EPC
