Topics: Publication of Decision
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LD Düsseldorf, June 10, 2026, Decision of the Court of First Instance, UPC_CFI_758/2024, UPC_CFI_259/2025
Headnote: The claimant’s legitimate interest in the publication of a decision (Art. 80 UPCA) may, depending on the circumstances of the individual case, follow from the fact that the defendant has marketed the attacked embodiment by explicitly referencing to the key technology protected by the patent: Publication of the decision under Art. 80 UPCA (in…
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LD Vienna, January 15, 2025, order in first instance on infringement, UPC_CFI_33/2024
No action for revocation despite objection of nullity: If the allegation is made in the proceedings that the patent is invalid, the statement of defence must contain a counterclaim for revocation of the patent against the proprietor of the patent (R. 25 RoP, R. 42 RoP). Without such counterclaim, the invalidity defence (here: exceeding the…
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LD Duesseldorf, October 31, 2024, Decision, UPC_CFI_373/2023
Preferred Embodiments Not Limiting for Claims: The claim must not be limited to the scope of preferred embodiments. The scope of a claim extends to subject-matter that the skilled person understands as the patentee’s claim after interpretation using the description and drawings. A claim interpretation which is supported by the description and drawings as a…
3 min Reading time→
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