UPC CFI, 12 September 2025 , Offer of Components : Direct Patent Infringement

Patent valid and infringed Art. 25(a) UPCA.
 

It is irrelevant for direct patent infringement that the components are offered in a non-assembled state if the product is such that its components can be assembled in a simple manner at the place of use of the product without the addition of further objects. The offering or supplying of all components already constitutes direct patent infringement.
 

The individual sale of coordinated components constitutes direct infringement if the product consists of at least two identical, coordinated components which are designed to be assembled into the patent-protected product in accordance with the patent without the addition of further items.  An injunction also covers such products.

Offering (Art. 25(a) UPCA) 

Whether an act constitutes an offer depends on the explanatory value to be attributed to it, which is to be determined from the point of view of the relevant public. Embodiments advertised individually in close-up does not preclude an offer. It follows that several lawn and design edgings are offered for assembly to the customer. Emphasis that the variable lawn and design edges are easy to install and can be extended as required and offer individual design options are sufficient to explain that the products are not offered individually. 

IPPT20250912, UPC CFI LD Mannheim, bellissa HAAS v Windhager