UPClytics
View all cases

UPC CFI 26/2025

Jan 14, 2025·EP3705415 · PACKAGE, IN PARTICULAR FOR FOOD PRODUCTS

Case details
Status
Case Closed (No infringement)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Respondents
Representatives
Division
Vienna LD
Technology
  • Mechanical engineering
    Handling
Language
English
First decided
Feb 19, 2026
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.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Vienna LDLockedLocked
Judge Walter SchoberLockedLocked
Judge Anna-Lena KleinLockedLocked
Judge Kai HärmandLockedLocked
Judge Max TilmannLockedLocked

At the UPC: Messerle GmbH (2 cases)·Sabert Corporation Europe S.A. (2 cases)

Decisions
  • 2026-02-19
    Infringement ActionPublic

    Summary: The Vienna Local Division dismissed both Messerle GmbH's infringement action and Sabert Corporation Europe's counterclaim for revocation concerning EP 3 705 415 B1 (a packaging-related patent). The infringement action was dismissed because the accused 'Tray2Go' product did not directly or equivalently infringe the patent claims — the Court found no technical-functional equivalence of the substitute means used in the accused product. The counterclaim for revocation was also dismissed, so the patent was maintained as granted. Each party bears its own costs (maximum EUR 600,000 total, split evenly between action and counterclaim).

    Show the legal issues (5)
    • Direct infringement and equivalence doctrine
    • Technical-functional equivalence test
    • Timeliness of prior art evidence under R. 25.1 RoP
    • Disclosure content of commercial brochures as prior art
    • Authentic language of patent under Art. 70(1) EPC
Document titleDatePublic
Receipt2026-07-10Not public
Cover sheet2026-07-10Not public
Document Defendant2026-07-10Not public
Receipt2026-07-09Not public
Cover sheet2026-07-09Not public
Document Claimant2026-07-09Not public
Communication2026-06-26Not public
Other Documents2026-06-26Not public
Case closed2026-02-23Not public
Decision2026-02-19Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Messerle GmbH sued Sabert Corporation Europe for infringement of EP 3 705 415 B1 (a food packaging patent) by Sabert's 'Tray2Go' product. The Vienna Local Division dismissed both the infringement action and Sabert's revocation counterclaim: no direct infringement was found and the claimant failed to establish technical-functional equivalence for the doctrine of equivalents because it did not identify the function or effect of the substituted structural means. The patent was maintained as granted and costs were split between the two proceedings.

Accepted arguments
What the court agreed with — by party.
  • No technical-functional equivalence of substitute means in accused 'Tray2Go' product

    RespondentLegal basis: Doctrine of equivalents — technical-functional equivalence test

    Note: Defendant succeeded in defeating equivalence by showing the substituted sidewall element did not fulfil essentially the same function to achieve essentially the same effect as required by the patent's teaching.

  • Late-filed evidence of prior art (commercial brochure backed by physical product) should be excluded for lack of timely justification

    RespondentLegal basis: R. 25.1 RoP; front-loaded approach; Preamble RoP 7

    Note: Court upheld exclusion of untimely prior-art evidence, reinforcing the front-loaded UPC procedural model requiring full cases to be submitted as early as possible.

Rejected arguments
What the court did not agree with — and why.
  • Accused 'Tray2Go' product infringes the patent under the doctrine of equivalents via Variant A (gradual transgression of second stiffening portion)

    ClaimantLegal basis: Doctrine of equivalents — technical-functional equivalence test

    Reason: Claimant failed to demonstrate what technical effect the substitute means achieved or that it fulfilled essentially the same function to produce essentially the same effect; argument also raised for the first time in Reply and lacked supporting analysis.

  • Physical product obtained from a commercial brochure can establish the brochure's prior-art disclosure

    RespondentLegal basis: Headnote 2 of decision; Art. 70(1) EPC (authentic text)

    Reason: A commercial brochure is evaluated as a stand-alone publication; obtaining the advertised physical product is not a valid approach to establishing the brochure's disclosure as a piece of prior art.

  • Claims should be construed based on English translation rather than the German-language authentic text

    ClaimantLegal basis: Art. 70(1) EPC

    Reason: Under Art. 70(1) EPC the language of the patent (German for EP415) is the authentic text; the court construed claims in German even though proceedings were in English.

Claim construction notes

The court construed the patent in the German-language authentic text (EP 3 705 415 B1 is in German), interpreting English translations in light of the German original. The key disputed structural feature was the 'wall portion of a side wall that has retaining elements' to which an adhesive-bonding portion is connected — the Tray2Go product uses a different side wall, which the court found neither literally nor equivalently covered.