UPC CFI, LD Hamburg, 19 February 2025: Infringement claim and counterclaim for revocation unfounded.
20-05-2025 Print this page
Infringement claim and counterclaim for revocation unfounded.
The indirect and direct infringement action is unfounded (Article 25 UPCA, Article 26 UPCA). The indirect patent infringement of claim 1 of the patent in suit alleged by the plaintiff pursuant to Art. 26 (1) UPCA does not exist. In any case, there is no literal realisation of feature 1. b) and feature group 1. c) aa-bb by the attacked embodiments. Accordingly, there is also no direct infringement of claim 6 pursuant to Art. 25 UPCA.
Claim construction (Article 69 EPC). Interpretation of a patent whose purpose is to overcome the time delay, known as latency, in the processing of data packets and, in particular, headers during transmission in a wireless network. The description and drawings must always be consulted as explanatory aids for interpreting the patent claim and not only used to resolve any ambiguities in the patent claim. However, this does not mean that the patent claim merely serves as a guideline and that its subject matter also extends to what, after examination of the description and drawings, appears to be the protection sought by the patent proprietor.
Unsuccessful rebuttal of presumption of ownership (R. 8.5 RoP). The assertion that the purchase price may not have been paid is pure speculation in light of the fact that the transfer was registered on 16 March 2023.
Application to amend the patent (R. 30 RoP) A necessity to submit "complete" sets of claims cannot be derived from the UPCA or its Rules of Procedure. Insofar as the defendants have requested in their reply that further prior art be admitted as an extension of the counterclaim, this request must be granted: the plaintiff has changed its interpretation and the allegation of infringement in the Reply in the infringement proceedings compared to the statement of claim, or at least supplemented itsince the plaintiff has changed its interpretation.
Inventive step (Article 56 EPC). An invention exists if it does not result from the usual approach of the person skilled in the art, but requires an additional creative effort on their part.
