1. Key takeaways
Infringement & Injunction
The defendant's actions infringed the patent, leading to a permanent injunction under Article 63 UPCA.
Specifically, the court found that the defendant's LED chips infringed claims 1, 2, 6, 7, 9, 10, 11, 12, 13, and 18 of the patent, justifying the injunction.
Corrective Measures
The defendant must recall/destroy infringing products, with penalties for non-compliance, as per Article 64 UPCA.
This includes to withdraw infringing products from the market and destroy remaining stock, supervised by a bailiff, to prevent further infringement.
Information Disclosure
The defendant must disclose key information for damage calculation under Article 67 UPCA.
In this case, the defendant must provide details on the origin, distribution, quantities, and involved parties of the infringing products to enable accurate damage assessment.
Cost Allocation
The defendant bears all legal costs, with an initial provision of EUR 50,000 under Article 69 UPCA.
As the unsuccessful party, the defendant is responsible for covering the claimant's reasonable legal expenses, with an initial payment to offset these costs.
2. Division
Local Division Paris
3. UPC number
UPC_CFI_440/2023
4. Type of proceedings
Action en contrefaçon (Patent Infringement Action)
5. Parties
Claimant: Seoul Viosys Co., Ltd.
Defendant: Laser Components SAS
Intervening Party: Photon Wave Co., Ltd.
6. Patent
EP 3 404 726
7. Body of legislation / Rules
Rule 354 RoP
Rule 220.1(a) RdP
Article 63 UPCA
Article 64 UPCA
Article 67 UPCA
Article 69 UPCA
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
