Topics: Penalty Payments
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LD Duesseldorf, July 3, 2026, order on penalty payments, UPC_CFI_723/2025
Broad concept of “offering” pursuant to Art. 25(a) UPCA: The term “offering” must be interpreted autonomously and in an economic sense. It is sufficient to present an item so that a viewer can make an offer to acquire it (invitatio ad offerendum). Thus, neither price indication nor ability to deliver is required. The Court expressly…
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LD Düsseldorf, March 16, 2026, Decision, UPC_CFI_733/2024, UPC_CFI_255/2025
Court adopts functional claim construction, rejecting narrow interpretations (Art. 69 EPC): The court found that a “switchable device” is not limited to mechanical optics but includes electronic controls. “Coupling” does not require free-space propagation, and a “different second laser beam” does not necessitate a separate laser source or different wavelength. This functional approach was decisive…
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