Topics: claim interpretation
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LD Düsseldorf, September 6, 2024, order of the court of first instance, UPC_CFI_165/2024 and UPC_CFI_166/2024
Existence of infringement is assessed on the basis of UPC law without recourse to national patent law: Art. 25 UPCA (right to prevent the direct use of the invention) constitutes uniform substantive law and Art. 62 (1) UPCA (provisional and protective measures) uniform procedural law, which takes precedence over national patent laws so that these…
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Central division (Section Munich), Decision in Revocation Action, UPC 1/2023, UPC 14/2023
Claim interpretation: When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but determines the technical meaning of the terms used with the aid of the description and the drawings. A feature in a patent claim is always to be interpreted in light of the claim as a…
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LD Mannheim, June 27, 2024, indicative decision, UPC_CFI_ 210/2023
Arguments on claim construction to be made with the Statement of Claim: According to R. 13(1)(n) RoP in cases of technically complex subject-matters, the Statement of Claim must already contain the claim construction if the patent in suit is not readily understandable on its own. In case the plaintiff does not comply, further legal issues…
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Court of Appeal, February 26, 2024, order on provisional measures, UPC_CoA_335/2023
The patent claim is not only the starting point, but the decisive basis for determining the scope of protection of an EP under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69 EPC: The interpretation of a patent claim does not depend solely on the strict, literal meaning of the…
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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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LD Duesseldorf, April 30, 2024, Order on provisional measures, UPC_CFI_463/2023
Rebuttable presumption that the person registered as the patent proprietor is entitled to be registered pursuant to R. 8.5 (c) RoP: If in the case of a European patent a person is registered as the patent proprietor in the respective national register, there is a rebuttable presumption that the person recorded in the respective national…
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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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LD Munich, 20 December 2023, order of court of first instance of the UPC, UPC_CFI_292/2023
The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim. : In principle, a party unsuccessfully applying for provisional measures has to bear the costs incurred by the other party for filing a protective letter.: Division Local…
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LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023
PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…
3 min Reading time→
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