1. Key takeaways
In view of the lack of patentability, the admissible infringement action is unfounded without the need for a judicial review of the infringement allegation required.
After the court has dealt with the interpretation of the patent-in-suit and established the invalidity of the patent-in-suit, it dismissed the infringement action without further ado.
Both the examination of validity and the examination of the question of infringement both require the (uniform) interpretation of the patent-in-suit.
2. Division
LD Mannheim
3. UPC number
UPC_CFI_340/2023
4. Type of proceedings
Infringement Proceedings and Counterclaim for Revocation
5. Parties
Rematec GmbH & Co KG (Plaintiff in infringement action)
Europe Forestry B.V. (Defendant in infringement action)
6. Patent(s)
EP 2 548 648
7. Jurisdictions
Unified Patent Court
8. Body of legislation / Rules
Art. 32 (1) (a) UPCA, Art. 32 (1) (e) UPCA
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