UPC CFI 388/2025

The claim term 'die Laufrolle' does not require a specific kinematic coupling to the disc; any roller of the device satisfying the remaining claim features suffices, so the accused Trinity-S (which has a small roller and a large disc rotating at different angular velocities) meets feature 4 of claim 1.

The accused product also infringes system claim 14 because the defendant's only non-infringement argument for claim 14 depended on the (rejected) non-infringement argument for claim 1.

The claimant has a legitimate interest in publication of the judgment because the defendant compared and negatively described the claimant's product on its website and positively promoted the infringing product in the MESSER MAGAZIN.

Claims relating to non-UPCA countries (Switzerland, Liechtenstein, Spain, Ireland, Norway, Turkey, UK) must be dismissed because the claimant failed to plead sufficient concrete facts to enable the court to assess infringement under the national law of each country.

The disc must rotate at a different angular velocity from the roller that is kinematically associated with it (i.e., the roller directly coupled to the disc); because the disc and its associated roller 22 are rigidly connected, there is no difference in angular velocity between them.

The disclosure request should only be made to the claimant's lawyers, not to the claimant directly, on grounds of confidentiality.

Recall and destruction of the entire system (device + blade-fixation accessory) is disproportionate because the accessory can be used without infringing the patent.

The preliminary damages award should be subject to the claimant providing security of 120% of the amount to be enforced.

A grace month (Karenzmonat) must be granted before compliance periods for recall, destruction, and disclosure begin to run.

The defendant should be allowed to submit a further brief responding to allegedly new evidence (Annex GRU 10 video) shown at the oral hearing.