Topics: claim construction
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CD Paris, July 28, 2025, decision in revocation action, UPC_CFI_239/2024
Claim construction: While terms used in patent documents should be given their normal meaning in the relevant art, the description and the drawings, when considered in the context of document’s contents and not in isolation, may give these terms a different meaning. In the case at hand, the Court affirmed, applying this principle, that according…
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Nordic-Baltic Regional Division, July 21, 2025, decision in first instance, UPC_CFI_380/2023
The patent claim is not only the starting point, but the decisive basis for determining the protective scope of a European patent: The importance of the patent claims means, inter alia, that a narrowing interpretation of the claims which deviates from the broader general understanding of the terms used therein by the person skilled in…
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LD Düsseldorf, June 16, 2025, decision on infringement, UPC_CFI_140/2024
Reference to dependent claims by the parties for the first time in the oral proceedings for the interpretation of the independent claims may not be late.: The interpretation of a patent claim is a matter of law. The Court must independently construe the claims. The first reference to (further) subclaims at the oral hearing may…
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LD Düsseldorf, May 13, 2025, decision on second medical use claims, UPC_CFI_505/2024 (sic!) [UPC_CFI_505/2023]
Requirements for the finding of infringement of second medical use claims: For a finding of infringement of second medical use claims, the claimant must show and prove (i) as an objective element, that there is either a prescription for use according to the patent, or at least additional circumstances showing that such use may be…
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UPC Court of Appeal, Order of April 30, 2025, UPC_CoA_768/2024
Claim construction principles: The interpretation of a patent claim is a matter of law. Therefore, the Court cannot leave the judicial task of interpreting the patent claim to an expert but has to construe the claim independently. The skilled person is a notional entity that cannot be equated with any real person in the technical…
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Court of Appeal, February 14, 2025, order on request for provisional measures, UPC_CoA_382/2024
Claim construction regarding means-plus-function features.: Means-plus-function features must be understood as any feature suitable for carrying out the function (headnote 1, para. 47). Added matter assessment.: General provisions: The Court must ascertain what the skilled person would derive directly and unambiguously using their common general knowledge and seen objectively and relative to the date of…
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LD Hamburg, February 19, 2025, Decision, UPC_CFI_58/2024
Interpretation of Claims: When interpreting a claim, in addition to its wording, the application instructions and express disclosures in the description of the patent specification must be taken into account (headnote 2). Division LD Hamburg UPC number UPC_CFI_58/2024 Type of proceedings Infringement proceedings (and counterclaim for revocation) Parties Claimant: Lionra Technologies Ltd. Defendants: Cisco Systems…
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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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CoA Luxembourg, May 13, 2024, order on provisional measures, UPC_CoA_1/2024
The CoA confirmed its standards for the claim construction as stated in the order of CoA of February 26, 2024, UPC_CoA_335/2023: The patent claim is not only the starting point but also a decisive basis for determining the scope of protection of the European Patent. The interpretation of a patent claim does not depend solely…
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CoA Luxembourg, 26 February 2024, order in the proceedings for provisional measures, UPC_CoA_335/2023
Claim Construction: The patent claim – to be interpreted from the point of view of a person skilled in the art – is not only the starting point, but the decisive basis for determining theprotective scope of a European patent under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69…
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