Topics: Art. 80 UPCA
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LD Düsseldorf, February 11, 2026, infringement and validity decision, UPC_CFI_351/2024
If a defendant has used its own website to create the impression that there has been no patentinfringement, it may be justified under Art. 80 UPCA to not only allow the claimant to publish theCourt’s decision, but also to require the defendant to publish the operative part of the decision onits website: The decision whether…
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Court of Appeal, February 17, 2026, final decision, UPC_CoA_302/2025
Pursuant to Art. 75(1) UPCA, where the CoA sets aside a decision of the CFI, it shall, as a rule, give a final decision itself: The CoA, after considering the appeal of the Claimant (and revocation defendant) against the judgment of the CFI in the counterclaim for revocation to be well-founded, must, in order to…
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LD Milan, November 4, 2024, decision, UPC_CFI_241/2023
No stay of proceedings due to parallel counterclaim for revocation: There is no basis for a stay (R. 295(m) RoP) of an infringement action, where the defendant has acknowledged the validity of the patent and infringement without exception, for the purpose of awaiting the Court’s decision on the counterclaim for revocation introduced in a parallel…
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LD Duesseldorf, October 31, 2024, Decision, UPC_CFI_373/2023
Preferred Embodiments Not Limiting for Claims: The claim must not be limited to the scope of preferred embodiments. The scope of a claim extends to subject-matter that the skilled person understands as the patentee’s claim after interpretation using the description and drawings. A claim interpretation which is supported by the description and drawings as a…
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