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Overview · Filed: Apr 3, 2024

UPC_CFI_159/2024

JUICE EXTRACTOR

InfringementMain Infringement ActionMannheim LDInfringementCase Closed
OverviewDecisionsReasoningCitationsDocumentsTimeline
Plain-English summary

Hurom Co., Ltd. succeeded in its infringement action against NUC Electronics Europe GmbH and WARMCOOK for infringement of claim 1 of EP 2 028 981 (slow juicer/juice extractor) in France, Germany, Italy, the Netherlands, Denmark, and Romania at the Mannheim Local Division. The court issued an injunction, ordered damages, disclosure of sales information, destruction and recall of infringing products, and EUR 56,000 in interim legal costs, while establishing key principles on the intertemporal application of UPCA substantive law to ongoing infringement acts.

Accepted arguments
What the court agreed with — by party.

  • Direct infringement of claim 1 of EP 2 028 981 by NUC Electronics Europe GmbH and WARMCOOK in France, Germany, Italy, Netherlands, Denmark and Romania

    ClaimantLegal basis: Art. 25(a) UPCA

    Note: The court found literal infringement of the juice extractor's claim 1 by the defendants' products in the named Contracting Member States and granted injunctive relief.

  • UPCA substantive law applies to ongoing infringement acts continued after 1 June 2023, even if started before entry into force

    ClaimantLegal basis: Art. 25 UPCA

    Note: Court established that for ongoing acts continuing after 1 June 2023, UPCA applies; parties may rely on more-favourable national law for acts before that date.

  • Right to information under Art. 67 UPCA encompasses time periods before UPCA entry into force

    ClaimantLegal basis: Art. 67 UPCA; Art. 68(3) UPCA; R. 191 RoP

    Note: Court held that the information remedy extends to pre-UPCA periods despite the intertemporal boundary.

Rejected arguments
What the court did not agree with — and why.

  • Remaining requests beyond injunction, damages, information, destruction, and recall

    Claimant

    Reason: Action dismissed in other respects; no detail in excerpt as to specific rejected requests beyond partial dismissal language.

Key legal principles
Doctrines and rules cited in the reasoning.
Intertemporal applicability of UPCA: acts after 1 June 2023 governed by UPCA; pre-UPCA acts governed by national law; ongoing acts continuing after 1 June 2023 governed by UPCA with parties able to invoke favourable national law for earlier actsRight to information (Art. 67 UPCA) extends to pre-entry-into-force periodsNon-formalistic assessment of whether infringement acts are 'ongoing' for intertemporal purposesDestruction, recall, and definitive removal from commerce available as injunctive remedies

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