IPPT20241203, UPC CoA, SharkNinja v Dyson
Provisional injunction lifted (Article 62 UPCA, R. 211 RoP).
Not more likely than not that the patent is infringed. it is not more likely than not that the contested embodiments realise feature 1.3 of claim 1. No need to examine the other grounds brought forward by the parties, given the assessment in relation to feature 1.3 of claim 1.
Claim construction feature 1.3: “cyclonic separating apparatus” (Article 69 EPC). The patent specification does not define what a cyclonic separating apparatus is. The Court of Appeal, as a first step, agrees with Dyson’s view that cyclonic separating apparatus is a functional claim element as understood by the skilled person at the priority date.
