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UPC CFI 33/2024

Jan 26, 2024·EP2643717 · COLOR-MIXING CONVERGENT OPTICAL SYSTEM

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Vienna LD
Technology
  • Electrical engineering
    Audio-visual technology
  • Instruments
    Optics
Language
German
First decided
Jan 16, 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
Vienna LDLockedLocked
Judge Walter SchoberLockedLocked
Judge Mojca MlakarLockedLocked
Judge András KupeczLockedLocked
Judge Uwe SchwengelbeckLockedLocked

At the UPC: SWARCO FUTURIT Verkehrssignalsysteme GmbH (11 cases)·STRABAG Infrastructure & Safety Solutions GmbH (4 cases)

This dispute contains 3 other proceedings

UPC CoA 70/2025·UPC CoA 76/2025·PC-CoA-001/2025

3 other defendants litigating the same or a related patent

UPC CFI 618/2025·UPC CFI 425/2025·UPC CFI 245/2025

Start a free trial to see how each one ended.

More cases: Vienna LD·2024

Decisions
  • 2025-01-16
    Infringement ActionPublic

    Summary: Vienna Local Division found that Strabag Infrastructure & Safety Solutions GmbH infringed SWARCO FUTURIT's European Patent EP 2 643 717. The Court granted an injunction, recall of infringing products from distribution channels, provision of information and destruction of infringing products. Damages were referred to a separate assessment procedure. A validity defence was not considered as no counterclaim for revocation was filed. SWARCO's request to publish the judgment was rejected; Strabag and the intervener were ordered to bear costs.

    Show the legal issues (5)
    • Patent infringement (traffic signal systems)
    • No counterclaim for revocation required to raise invalidity defence (R. 25 RoP)
    • Removal from distribution channels vs. recall
    • Publication of judgment (Art. 80 UPCA)
    • Cost allocation for intervener
  • 2024-07-31

    Summary: Order by Vienna Local Division (UPC_CFI_33/2024, 30 July 2024) admitting Chainzone Technology's application to intervene as third party (Streithilfe) in patent infringement proceedings between SWARCO Futurit and STRABAG, subject to depositing security for costs of EUR 134,000 by 20 August 2024. Chainzone was found to have the requisite legal interest as the allegedly infringing product it purchased is the subject of the infringement claim.

    Show the legal issues (3)
    • Third-party intervention / Streithilfe (R. 313, 314 RoP)
    • Legal interest in proceedings
    • Security for costs (R. 158 RoP)
Document titleDatePublic
Case closed2025-11-20Not public
Headnote-and-Keywords2025-03-25Not public
Outcome of the Order2025-01-16Not public
Endentscheidung2025-01-16Public
Verhandlungstermin2024-10-01Public
Hearing-Dates2024-10-01Not public
Acknowledgement-of-lodging2024-09-19Not public
Rejoinder to the Reply to the Defence2024-09-19Not public
Anordnung2024-09-03Public
Headnote-and-Keywords2024-09-03Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

SWARCO FUTURIT sued STRABAG Infrastructure & Safety Solutions at the Vienna Local Division for infringement of EP 2 643 717, a patent covering a color-mixing convergent optical system used in traffic signals. The court found infringement, granted an injunction, recall, disclosure, and destruction orders, and awarded SWARCO its costs; the invalidity defence raised by Strabag was held inadmissible because no counterclaim for revocation had been filed. SWARCO's request for publication of the judgment was refused.

Accepted arguments
What the court agreed with — by party.
  • Strabag's traffic signal products infringe EP 2 643 717 (color-mixing convergent optical system)

    ClaimantLegal basis: Art. 25 UPCA

    Note: The Vienna Local Division found direct infringement and granted full injunctive relief including recall and destruction.

  • invalidity cannot be raised in proceedings where no counterclaim for revocation has been filed under R. 25 and R. 42 RoP

    ClaimantLegal basis: R. 25 RoP; R. 42 RoP

    Note: Strabag raised added-matter invalidity as a shield but had not filed a counterclaim for revocation; the court held this bars substantive consideration of the invalidity argument (Leitsatz 1).

  • permanent removal from distribution channels is an independent measure separate from recall under UPCA

    ClaimantLegal basis: Art. 63 UPCA

    Note: Court accepted this as a distinct remedy (Leitsatz 2), subject to the infringer having legal and factual ability to carry it out.

  • intervener who causes additional costs to the winning party should bear at least its own costs

    ClaimantLegal basis: R. 315.4 RoP (by analogy)

    Note: Court derived from R. 315.4 RoP that an intervener is treated like a party for cost purposes and must bear its own costs if the supported party loses.

Rejected arguments
What the court did not agree with — and why.
  • publication of the judgment in trade press should be ordered

    ClaimantLegal basis: Art. 80 UPCA

    Reason: Under Art. 80 UPCA the court has discretion; publication is appropriate only when claimant's interests outweigh prejudice to defendant and are not already secured by other remedies; claimant did not demonstrate a concrete prevention interest.

  • patent is invalid due to added matter (Überschreitung der Ursprungsoffenbarung)

    RespondentLegal basis: R. 25 RoP; R. 42 RoP

    Reason: Because Strabag raised invalidity only as a defence without filing a counterclaim for revocation as required by R. 25 RoP, the court declined to consider the invalidity argument on the merits.

Claim construction notes

The patent claims a color-mixing convergent optical system, with disputes touching on whether Strabag's LED traffic light systems embodied the claimed convergent optics; substantive claim construction analysis is in the 27-page body not fully reproduced.