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UPC CFI 278/2023

Aug 16, 2023·EP3388490 · DECORATING NATURAL LEATHER

Action number: ACT 561734/2023

Case details
Status
Case Closed (No infringement)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Hamburg LD
Technology
  • Chemistry
    Basic materials chemistry
  • Mechanical engineering
    Textile and paper machines
Language
English
First decided
Oct 4, 2023
Last decision
Apr 30, 2025
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
Hamburg LDLockedLocked
Judge Sabine KlepschLockedLocked
Judge Stefan SchillingLockedLocked
Judge Camille LignièresLockedLocked
Judge Laure SarlinLockedLocked

At the UPC: AGFA NV (12 cases)·Guccio Gucci S.p.A. (3 cases)

Decisions
  • 2025-04-30
    Infringement ActionPublic

    Summary: The Hamburg Local Division dismissed AGFA NV's infringement action against Gucci entities finding that the accused leather goods did not infringe EP 3 170 670 (a patent concerning inkjet-decorated leather), specifically because the ivory-coloured base coat did not constitute a perfect achromatic colour as required by the patent claims; it also dismissed the defendants' counterclaim for revocation.

    Show the legal issues (4)
    • Claim interpretation (achromatic colour, base coat)
    • Feature analysis of inkjet-decorated leather patent
    • Counterclaim for revocation dismissed
    • Late filed validity attack (R. 25 RoP)
  • 2024-08-09
    Application RoP262APublic

    Summary: Hamburg Local Division issued a confidentiality order under R.262A RoP protecting supply chain and trade secret information submitted by Gucci defendants in their Statement of Defence and Rejoinder. Access was restricted to named representatives of AGFA NV. The order replaced a preliminary order of 2 July.

    Show the legal issues (3)
    • Confidentiality order under R.262A RoP
    • Trade secrets – supply chain information
    • Access restrictions to confidential documents
  • 2023-10-04
    Infringement ActionPublic

    Summary: The Hamburg Local Division issued an order granting extension of deadlines for multiple defendants (Gucci entities) to file their defence, aligning deadlines and addressing the appointment of a common electronic service representative, in an infringement action involving Guccio Gucci S.p.A. and related entities.

    Show the legal issues (3)
    • Extension of deadlines (Rules 19.1, 23 RoP)
    • Multiple defendants
    • Electronic service
  • —
    revocation counterclaim

    Summary: I. The infringement action is dismissed. II. The counterclaim for revocation is dismissed. III. The Claimant shall bear 40% and the Defendants shall bear 60% of the costs of the proceedings.

Document titleDatePublic
Receipt2026-06-01Not public
Cover sheet2026-06-01Not public
Fee2026-06-01Not public
Proof of payment2026-06-01Not public
Application document Applicant2026-06-01Not public
Exhibit Applicant2026-06-01Not public
Exhibit Applicant2026-06-01Not public
Exhibit Applicant2026-06-01Not public
Exhibit Applicant2026-06-01Not public
Exhibit Applicant2026-06-01Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

AGFA NV sued Gucci entities for infringement of its inkjet-decorated leather patent EP 3 170 670, asserting that ivory-coloured base coats on Gucci leather goods met the 'perfect achromatic colour' requirement of claim 1. The Hamburg Local Division dismissed the infringement action, finding that ivory is not a perfect achromatic colour, so the key claim feature was not satisfied. Both the infringement action and Gucci's invalidity counterclaim were dismissed, with costs split 40% (AGFA) / 60% (Gucci) reflecting each side's partial failure.

Accepted arguments
What the court agreed with — by party.
  • Ivory-coloured base coat does not constitute a 'perfect achromatic colour' as required by claim 1 of the patent

    RespondentLegal basis: Art. 69 EPC

    Note: The Hamburg Local Division found that the ivory base coat on Gucci's leather goods is not a perfect achromatic colour (black, white, or grey), defeating infringement of claim feature 1.1.1.

  • Patent's 'own lexicon' interpretation principle is limited to description parts related to the specific feature in question

    RespondentLegal basis: Art. 69 EPC

    Note: The court held that a patent may serve as its own lexicon only for description parts directly relating to the feature at issue; description specifications inconsistent with the granted claims cannot support a broad claim interpretation.

  • Counterclaimant cannot introduce new invalidity grounds or new novelty-destroying documents for the first time at the oral hearing

    ClaimantLegal basis: Rule 25 RoP

    Note: The court confirmed that new invalidity documents cannot be introduced at oral hearing stage for the first time, preserving procedural fairness.

Rejected arguments
What the court did not agree with — and why.
  • Gucci's leather goods (Pikarar Padlock Bag and Loafers) infringe claim 1 and claim 10 of AGFA's patent

    ClaimantLegal basis: Art. 69 EPC

    Reason: The ivory-coloured base coat does not satisfy claim feature 1.1.1 (perfect achromatic colour), and without this feature neither claim 1 nor dependent claim 10 is infringed; accordingly the Gillette/private prior use defence was also not reached.

  • Counterclaim for revocation of the patent should succeed

    RespondentLegal basis: Art. 65 UPCA

    Reason: The court dismissed the invalidity counterclaim; excerpts do not detail the specific grounds rejected but the counterclaim was unsuccessful.

Claim construction notes

The central claim construction issue was the meaning of 'achromatic colour' in EP 3 170 670 (inkjet-decorated leather). The court interpreted 'perfect achromatic colour' as requiring true black, white, or grey, not ivory. It rejected AGFA's attempt to use description passages inconsistent with the granted claims to broaden this term, applying the principle that the patent's own-lexicon role is limited to description parts directly relating to the feature at issue.