Topics: prior private use
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LD Duesseldorf, November 5, 2026, decision on infringement and counterclaim for revocation, UPC_CFI_466/2025 & UPC_CFI_869/2025
Strict proof of identity for prior public use (Art. 54 EPC): The party alleging prior public use bears the full burden of proving that all claimed features were publicly accessible without confidentiality prior to the priority date. A complete and verifiable chain of identity between the tested sample and the delivered product is mandatory. Unresolved…
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