Home » UPC decisions » Local Division » Paris Local Division » LD Paris, April 24, 2025, infringement judgment, UPC_CFI_440/2023

LD Paris, April 24, 2025, infringement judgment, UPC_CFI_440/2023

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Key takeaways

The defendant’s actions infringed the patent, leading to a permanent injunction under Article 63 UPCA.

Specifically, the court found that the defendant’s LED chips infringed claims 1, 2, 6, 7, 9, 10, 11, 12, 13, and 18 of the patent, justifying the injunction.

The defendant must recall/destroy infringing products, with penalties for non-compliance, as per Article 64 UPCA.

This includes to withdraw infringing products from the market and destroy remaining stock, supervised by a bailiff, to prevent further infringement.

The defendant must disclose key information for damage calculation under Article 67 UPCA.

In this case, the defendant must provide details on the origin, distribution, quantities, and involved parties of the infringing products to enable accurate damage assessment.

The defendant bears all legal costs, with an initial provision of EUR 50,000 under Article 69 UPCA.

As the unsuccessful party, the defendant is responsible for covering the claimant’s reasonable legal expenses, with an initial payment to offset these costs.

Division

Local Division Paris

UPC number

UPC_CFI_440/2023

Type of proceedings

Action en contrefaçon (Patent Infringement Action)

Parties

Claimant: Seoul Viosys Co., Ltd.

Defendant: Laser Components SAS

Intervening Party: Photon Wave Co., Ltd.

Patent

EP 3 404 726

Body of legislation / Rules

Rule 354 RoP

Rule 220.1(a) RdP

Article 63 UPCA

Article 64 UPCA

Article 67 UPCA

Article 69 UPCA


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