Topics: equivalence
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LD Düsseldorf, October 22, 2026, final decision, UPC_CFI_52/2025, UPC_CFI_67/2025
Criteria for assessment of equivalence: Like Panel 1 of the LD Düsseldorf (cf. UPC_CFI_807/2024, decision of May 27, 2026), Panel 2 of the LD Düsseldorf applies the assessment criteria for equivalence under patent law established by the LD The Hague (UPC_CFI_239/2023, decision of November 22, 2024; UPC_CFI_479/2025, order of September 11, 2025), as, pursuant to…
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LD Düsseldorf, May 27, 2026, decision in the infringement action and counterclaim for revocation, UPC_CFI_807/2024, UPC_CFI_334/2025
The four-step equivalence test applied by LD The Hague forms a coherent whole suitable for examining patent infringement by equivalence.: 1.Technical equivalence Does the variation solve (essentially) the same problem that the patented invention solves and performs (essentially) the same function in this context? 2. Fair protection for the patentee Is extending the protection of…
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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…
3 min Reading time→
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