Topics: Infringement
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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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LD Mannheim, March 11, 2025, decisions, UPC_CFI_159/2024, UPC_CFI_162/2024
Infringement of traditional European patents (“bundle patents”): The applicable substantive law depends on whether the act was committed after the entry into force of the UPCA on June 1, 2023 (then UPCA), before (then national laws), or is “ongoing” (then generally UPCA with exceptions).: If the assertedly infringing act was committed after the entry into…
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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 Munich, 29 September 2023, order, UPC_CFI_15/2023
Filing of preliminary objection via an inappropriate workflow: Filing of preliminary objection via an inappropriate workflow is to be rejected as inadmissible (Article 42.2 UPCA). However, due to the early stage of the UPC proceedings and the resulting lack of experience with the UPC and its Rules of Procedure, the preliminary objection in the current…
4 min Reading time→
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