1. Key takeaways
Direct infringement when supplying set of components
If the patent-protected product is specifically designed to easily assemble its components at the place of use without the addition of further items, the mere offering or supplying of all components already constitutes a direct patent infringement within the meaning of Art. 25(a) UPCA.
Direct infringement when supplying a single component
If a patent-protected product consists of at least two identical, coordinated components which are designed to be assembled into the patented product without adding further items, already the individual sale of such a component regularly constitutes a direct patent infringement within the meaning of Art. 25(a) UPCA if the possibility of assembly is pointed out or otherwise obvious.
2. Division
Mannheim local division
3. UPC number
UPC_CFI_338/2024
4. Type of proceedings
Infringement proceedings and counterclaim for revocation
5. Parties
bellissa HAAS GmbH (claimant)
Windhager GmbH, Johann Windhager, Stefan Windhager (defendant)
6. Patent(s)
EP 2 223 589
7. Body of legislation / Rules
Art. 25(a) UPCA
LD-Mannheim_UPC_CFI_338-2024__de
LD-Mannheim_UPC_CFI_338-2024_en
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.
