Topics: Art. 123(2) EPC
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LD Helsinki, April 29, 2026, decision on infringement and validity, UPC_CFI_214/2023, UPC_CFI_403/2025
Parties select equivalence approach absent CoA case law: When assessing an issue where there is no Court of Appeal case law, such as equivalence, and where both parties have argued based on the same Court of First Instance case law, legal certainty and/or the right of defence guides the local division to adopt a similar…
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Central Division (Munich), February 24, 2026, Decision, UPC_CFI_829/2024
Patentees must draft precise numerical ranges in composition claims; unclear bases risk added matter (Art. 65(1),(2) UPCA; Art. 138(1)(c) EPC).: The Court construed the coposition as claimed in claim 1 of the Patent as comprising a range of marker molecule calculated in respect of the total sugar composition, while the application disclosed that the amounts…
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