UPC_CFI_182/2023

METHOD AND DEVICE FOR PRODUCING MILK FOAM

Provisional measuresProvisional MeasuresVienna LDProvisional measuresCase Closed

Overview Decisions Reasoning Citations Documents Timeline

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 ineffective Scope of protection under Art. 69(1) EPC and Protocol applies to provisional measures proceedings as to main actions Final costs may be awarded to the successful respondent in provisional measures proceedings; such costs cannot be reopened in subsequent main proceedings Claim 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.