UPC CoA 1/2024

Vor dem UPC: SES-imagotag SA (9 Verfahren)·Hanshow Technology Co. Ltd (6 Verfahren)

• 2024-07-29
  Öffentlich

  Zusammenfassung: The Court of Appeal held that an application for cost assessment following an appeal order must be filed with the Court of First Instance (not the Court of Appeal), even when the costs relate solely to the appeal proceedings.

  Rechtsfragen anzeigen (2)

  • Jurisdiction for cost assessment after appeal
  • Cost assessment procedure
• 2024-05-13
  Appeal RoP220.1Öffentlich

  Zusammenfassung: Order of the Court of Appeal (Panel 1, with technical judges) dismissing the appeal by VusionGroup SA (formerly SES-imagotag SA) against the Munich Local Division's rejection of its application for provisional measures against Hanshow Technology and related entities regarding electronic shelf labels. The Court of Appeal, applying a balance-of-probabilities standard, found that none of Hanshow's contested products fell within the scope of protection of claim 1 of EP 3 883 277, because the antenna was not positioned more to the front of the label than the printed circuit board as required by the claim. The court held that claim features must always be interpreted in light of the claim as a whole. The appeal was rejected and the appellant was ordered to bear the costs of appeal.

  Rechtsfragen anzeigen (4)

  • Claim construction: features must be interpreted in light of the claim as a whole
  • Balance of probabilities standard in provisional measures
  • Infringement of electronic shelf label patent
  • Claim feature: antenna positioned more to front than printed circuit board