Topics: Art. 25(a) UPCA
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LD Düsseldorf, August 25, 2026, Decision on Infringement Action, UPC_CFI_56/2025, UPC_CFI_864/2025
Direct infringement of a product claim turns on objective capability, not the manufacturer’s intended or recommended use: For direct infringement of a product claim under Art. 25(a) UPCA, the decisive factor is whether the accused embodiment is, due to its nature and suitability for use, objectively capable of fulfilling the claim features; regardless of the…
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LD Mannheim, June 16, 2026, infringement action, counterclaim, UPC_CFI_86/2025
An intangible data stream, like a video bitstream, is a “product” under Art. 25(a) and 25(c) UPCA, allowing direct enforcement of encoding patents against streaming services.: There is no relevant difference between data on a physical carrier and data transmitted over a network; the carrier has no technical significance for the data’s use. The bitstream…
4 min Reading time→
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