UPC CoA, 27 March 2026: No infringement because feature is not fully implemented by the attacked embodiment
07-05-2026 Print this page
Finding of infringement set aside (Article 25 UPCA).
Functional claim interpretation “housing longitudinally fixed to an upper side of drive unit, so as to […]” (Article 69 EPC). According to the wording of the claim, the feature according to which the housing has to be longitudinally fixed to an upper side of the drive unit shall be considered in conjunction with the specified function claimed therein, [...]. It follows that the longitudinal fixation of the housing to an upper side of the drive unit not only requires the housing to be assembled or positioned in a longitudinal direction. It further requires, unlike assessed by the CFI (impugned decision, para. 76), that the fixation prevents vertical lifting of the housing or the screw against the drive unit, thus encompassing a fixation against vertical lifting.
No infringement because feature [1N] is not fully implemented by the attacked embodiment (Article 25 UPCAA). HUROM has not established that the housing is connected to the drive unit by way of a longitudinal fixation which may prevent the housing from being moved away from the drive unit when pressing, grinding and extracting juice from material put into the inlet port.
No tacit acceptance of jurisdiction, notwithstanding R. 19.7 RoP (Article 26 Brussels I regulation) by contesting jurisdiction in first defence, without having filed a preliminary objection. “Entering appearance” (Article 26 Brussels I regulation) is only when the defendant lodges its first statement, by filing a Preliminary objection pursuant to R. 19 RoP as to the issues listed in R. 19.1 and .4 RoP or, if not, the Statement of defence pursuant to R. 23 ff. RoP as to the substance of the dispute, that he will have deliberately chosen or contested the international jurisdiction of the court seized instead of the court which would normally have jurisdiction under the provisions laid down in the Brussels Regulation.
