ARTICLE
19 March 2025

LD Mannheim, March 11, 2025, Decisions, UPC_CFI_159/2024, UPC_CFI_162/2024

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Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
If the assertedly infringing act was committed after the entry into force of the UPCA on June 1, 2023, the UPCA applies ("harmonized set of national law of the contracting member states").
Germany Intellectual Property

1. Key takeaways

Infringement of traditional European patents ("bundle patents"): The applicable substantive law depends on whether the act was committed after the entry into force of the UPCA on June 1, 2023 (then UPCA), before (then national laws), or is "ongoing" (then generally UPCA with exceptions).

If the assertedly infringing act was committed after the entry into force of the UPCA on June 1, 2023, the UPCA applies ("harmonized set of national law of the contracting member states"). If it was committed before, the substantive law of the respective national part of the bundle patent applies.

If an ongoing act started before the entry into force of the UPCA and continued thereafter, the UPCA applies in general. Whether infringing acts are "ongoing" and justify the application of the UPCA must be viewed from a normative and evaluative perspective. It is justified to apply the UPCA to ongoing acts, if the infringer continues its infringing behavior although he could have stopped the infringement in view of the entry into force of the UPCA on 1 June 2023. However, each party may rely on provisions of national laws for acts before 1 June 2023 if this is favorable to its position as compared to the provisions of the UPCA / RoP. That party bears the burden to provide the arguments on the national law to be applied.

The rights to information set out in the UPCA encompass time periods before the entry into force of the UPCA

The rights to information set out in Art. 67 UPCA and Art. 68 (3) (a) (b) UPCA, R. 191 sentence 1 alternative 2 RoP are to be interpreted to encompass time periods before the entry into force of the UPCA.

2. Division

LD Mannheim

3. UPC number

UPC_CFI_159/2024 ACT_17336/2024; UPC_CFI_162/2024 ACT_17365/2024

4. Type of proceedings

Main infringement action

5. Parties

Claimant: Hurom Co. Ltd.

Defendant(s): NUC Electronics Europe GmbH, WARMCOOK (UPC_CFI_159/2024) / NUC Electronics Co., Ltd. (UPC_CFI_162/2024)

6. Patent(s)

EP 2 028 981

7. Body of legislation / Rules

Art. 25 to 28 UPCA or national laws

2025-03-11 LD Mannheim_UPC_CFI_162 2024_Decision Download

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