UPC CFI 1927/2025

The patent's claimed 'criteria' must reflect natural movement patterns enabling intuitive/automatic control without deliberate switching movements, as consistently stated throughout the patent description distinguishing the invention from prior art requiring artificial activation movements

The accused product's 'Donkey-Kick' activation (deliberate backward kick followed by fast high-knee) constitutes a conscious, deliberate, and artificial switching movement that does not qualify as a natural prosthetic movement pattern meeting claim feature 1.2(b)

It cannot be excluded that the claimant had constructive knowledge of potentially infringing characteristics by early July 2025 at the latest, and therefore could have filed the application no later than mid-to-late October 2025 rather than mid-December 2025, resulting in undue delay

No rectification of parties (Rubrumsberichtigung) is warranted because the respondents themselves created ambiguity about their separate legal identities in the product packaging and user manual

The claimant only acquired complete knowledge of the infringement facts on 4 December 2025, and the acquisition of the accused device required certified orthopaedic technicians making earlier testing impossible without elaborate deception

The accused product implements feature 1.2(b) because an IF-function comparing parameters against threshold values sequentially constitutes 'criteria' under the claim, and there are multiple criteria because there are multiple special functions (stair descent, stumble protection, etc.)

For subsequent steps of alternating stair climbing, the activation movements become less unusual and could constitute natural prosthetic movement