Topics: Exhaustion
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LD Düsseldorf, June 22, 2026, Decision, infringement action UPC_CFI_811/2024
Injunctions are not subject to the five-year limitation period under Art. 72 UPCA — no time bar applies to injunctive relief.: Art. 72 UPCA caps only claims for financial compensation. The deadline runs five years from the moment the claimant learns of the last infringing act. Injunctions, by contrast, look to the future, so this…
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LD Düsseldorf, April 16, 2026, Decision, UPC_CFI_779/2024
For the objective elements of indirect infringement, it is not necessary that both components of the patent claim do exist (Art. 26 UPCA).: Where a patent claim protects a two-component product, the objective elements of indirect infringement are satisfied if the accused component is designed to cooperate with a second component configured in accordance with…
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LD Munich, August 22, 2025, Decision, UPC_CFI_248/2024
Indications of purpose in a device claim: 1. Indications of purpose in a device claim regularly define a device in such a way that it must be suitable for use for the function and purpose specified in the patent claim. 2. If a device claim contains an indication of purpose, the only factor relevant for…
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LD Munich, December 18, 2024, withdrawal of opt-out, exhaustion, and FRAND defense, UPC_CFI_9/2023
Withdrawal of opt-out effective if CMS workflow is used: The Court held that Claimant’s withdrawal of the opt-out was effective as Claimant used the online workflow in the Case Management System (CMS) according to Rule 5.7 RoP. It is not mandatory to use the provided template which is merely a non-binding support tool. The withdrawal…
6 min Reading time→
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