UPC CFI, LD Dusseldorf , 28 January 2026 : Infringement action of an amended patent in a bifurcated case dismissed

Infringement action of an amended patent in a bifurcated case dismissed.  (Article 25 UPCA, Article 33  UPCA). 

The infringement action is unfounded. 

The challenged embodiments do not infringe the patent in suit in its form as upheld by the CD Milan. 

Due to the amendment of the patent by the decision of CD Milan, the Local Division is bound to the new wording of the claims. 

There is no offering for direct infringement. 

Since it is not the Defendants who offer to use the method, but the users who implement the method.

“Offering for use” aims at the offering of the process implemented by third parties for who the Defendants need to sign responsibility. That is not the case here. 

In a bifurcated case in which the Court does not find infringement the question of validity of the patent in suit is no longer decisive for the infringement action. (Article 33  UPCA)

IPPT20260128, UPC CFI, LD Düsseldorf, Labrador Diagnostics v bioMérieux