UPC_CFI_100/2024

Direct infringement requires every claimed component to be present in the accused product; missing components cannot be captured under Art. 25 UPCA

Hinweis: Google successfully argued that its accused product lacked at least one claimed component, defeating Ona Patents' direct infringement claim.

Patent EP 2 263 098 B1 is valid; counterclaim for revocation dismissed

Hinweis: The court upheld the patent, dismissing Google's revocation counterclaim.

For standing purposes, the patent register governs the relevant proprietor; claimant need not search for the entitled proprietor beyond registration

Hinweis: Court articulated as headnote that when seeking to remove patent effects (validity challenge or non-infringement declaration), the register determines who is the relevant proprietor for the purposes of bringing the action.

Direct infringement of EP 2 263 098 B1 by Google's Wi-Fi positioning product

Begründung: The accused product did not possess every claimed component; direct infringement under Art. 25 UPCA requires all claimed components to be present; missing components may support indirect infringement (Art. 26 UPCA) but not direct infringement.

Late indirect infringement auxiliary requests introduced in unsolicited September 2025 submission

Begründung: New requests concerning indirect infringement introduced outside any case management regime without prior leave were inadmissible; indirect infringement is a distinct type requiring separate substantiation and a R. 36 request should have been filed first.