UPC CFI, LD Munich, 11 March 2026 : Attacked embodiment may also comprise all products that have the specified technical features.
18-06-2026 Print this page
Patent revoked and not infringed (Article 65 UPCA, Article 25 UPCA).
Added matter in claim 1 and 5 .(Article 138 1(c))
The skilled person cannot infer directly and unambiguously that “network interface means” are coupled between the modules and the network, being structurally interposed between them.
Attacked embodiment (Article 25 UPCA, Article 63 UPCA).
The “attacked embodiment” is regularly determined by the factual design of a certain product or a process with regard to the features of the invoked patent claim as asserted in the Statement of Claim.
This can be a specific product determined, for example, by its product name, product sheet and technical design.
However, the attacked embodiment may also comprise all products that generally have the technical features specified by the Claimant, which allegedly realise the technical teaching of the patent claim.
This may also include products unknown to the Claimant or, in the case of an injunction, future products insofar as they essentially correspond to the features of the product presented by the Claimant in his Statement of Claim, which he considers decisive for the patent infringement.
In such a case, it is usually sufficient if the Claimant has exemplified the infringement on a sample of the attacked embodiment. What is ultimately meant by the attacked embodiment depends on the interpretation of the Claimant’s submission. Once this has been defined it is for the Court to decide whether this attacked embodiment realises the teaching of the patent claim.
