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UPC CFI 182/2023

Jun 27, 2023·EP3398487 · METHOD AND DEVICE FOR PRODUCING MILK FOAM

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Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Respondents
Representatives
Division
Vienna LD
Judges
Technology
  • Other fields
    Consumer products
Language
German
First decided
Sep 13, 2023
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Preliminary injunction grantedMedian days to first decision
All UPC54% (38/70)124
Vienna LDLockedLocked
Judge Walter SchoberLockedLocked
Judge Maximilian HaedickeLockedLocked
Judge András KupeczLockedLocked

At the UPC: CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG (10 cases)·Alpina Coffee Systems GmbH (10 cases)

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Related cases
All proceedings on this patent

This dispute contains 5 other proceedings

UPC CoA 43/2026·UPC CoA 44/2026·UPC CFI 64/2025·UPC CFI 519/2024·UPC APP 17665/2025

Start a free trial to see how each one ended.

More cases: Vienna LD·2023

Decisions
  • 2023-09-13
    Application for provisional measuresPublic

    Summary: The Vienna Local Division denied CUP&CINO's application for provisional measures against ALPINA COFFEE SYSTEMS GmbH (EP 3 398 487 B1 — milk foam device), finding no patent infringement because the attacked product did not implement the claimed pipe section feature, and ordering CUP&CINO to pay EUR 25,600 in final costs.

    Show the legal issues (5)
    • Provisional measures Art. 62 UPCA
    • Claim scope interpretation Art. 69 EPC
    • Opt-out and effect of PI application
    • Non-infringement finding
    • Costs after dismissed PI
Documents
Show all 103 documents
Document titleDatePublic
Publication2026-01-08Not public
Outcome of the Order2023-10-10Not public
Dokument erzeugt um CMS Workflow zu beenden2023-10-10Not public
Outcome of the Order2023-10-10Not public
Dokument erzeugt um CMS Workflow zu beenden2023-10-10Not public
Outcome of the Order2023-10-10Not public
Dokument erzeugt um CMS Workflow zu beenden2023-10-10Not public
Outcome of the Order2023-10-10Not public
Dokument erzeugt um CMS Workflow zu beenden2023-10-10Not public
Outcome of the Order2023-10-10Not public
Plain-English summary

CUP&CINO applied for provisional measures against Alpina Coffee Systems for alleged infringement of EP 3398487 B1 (a milk foam device with a pipe section of defined minimum length) before the Vienna Local Division. The court denied the provisional measures because the accused product's pipe section measured approximately 10 cm — far below the 0.5 m minimum required by claim 2 — meaning no infringement was established. CUP&CINO was ordered to pay EUR 25,600 in final costs, as the court ruled these costs cannot be revisited in any subsequent main proceedings.

Accepted arguments
What the court agreed with — by party.

  • Attacked product does not implement the claimed pipe section (Leitungsabschnitt) feature of EP 3398487 claim 2

    RespondentLegal basis: Art. 69 EPC and Protocol; Art. 24(1)(c) UPCA

    Note: Vienna Local Division found the knee connector and coupling piece in the respondent's product had a combined length of approximately 10 cm, far below the 0.5 m minimum required by the patent claim; no infringement established.

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

  • Alpina Coffee's milk foam device infringes EP 3398487 claim 2

    ClaimantLegal basis: Art. 69 EPC; Art. 24(1)(c) UPCA

    Reason: The attacked product's pipe section did not meet the length requirements of the claim even on the most generous interpretation; claim feature (i) was not realised.

Key legal principles
Doctrines and rules cited in the reasoning.
Provisional measures application constitutes a blocking event making any prior opt-out under Rule 5 RoP ineffectiveScope of protection under Art. 69(1) EPC and Protocol applies to provisional measures proceedings as to main actionsFinal costs may be awarded to the successful respondent in provisional measures proceedings; such costs cannot be reopened in subsequent main proceedingsClaim construction requires identifying technical meaning of terms in context of the claim as a whole

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Claim construction notes

The Vienna Local Division construed the 'pipe section' (Leitungsabschnitt) feature of claim 2 of EP 3398487 (milk foam device). The court found that the claim required a minimum pipe section length of 0.5 m; the attacked product's combined knee connector and coupling part measured only approximately 10 cm, failing to meet this requirement. The court declined to find infringement even considering a broader purposive construction.