Topics: Novelty
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LD The Hague, November 22, 2024, Decision on the merits, UPC_CFI_239/2023
Assessment of the scope of protection in infringement cases in two steps: (i) literal infringement; (ii) infringement by equivalence: The UPCA contains no provision on the infringement by equivalence, however, Art. 2 of the Protocol to Art. 69 EPC makes clear that equivalence must be considered: “For the purpose of determining the extent of protection…
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CD Munich, October 17, 2024, Decision of the Court of First Instance of the Unified Patent Court, UPC_CFI_252/2023
Parallel national action: The Court must examine its international jurisdiction of its own motion when this is required under Union law. Pursuant to Art. 30 of the Brussels I recast Regulation, the UPC may stay proceedings (based on its discretionary power) where a related action is pending in a national court. Admissibility of auxiliary requests:…
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LD Munich, July 31, 2024, Decision on the merits, UPC_CFI_233/2023
Applicable standard concerning novelty: In order to be considered part of the state of the art (Art. 54 (1) EPC), an invention must be found clearly integrally, directly and unambiguously in one single piece of prior art and in its existing form, it must be identical in its constitutive elements, in the same form, with…
4 min Reading time→
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