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UPC CFI 340/2023

Sep 29, 2023·EP2548648 · Mill for comminuting of material

Action number: ACT 576606/2023

Case details
Status
Case Closed (No infringement)Set aside on appeal, Feb 17, 2026
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Mannheim LD
Technology
  • Chemistry
    Chemical engineering
Language
German
First decided
Jan 31, 2025
Appealed
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
Mannheim LDLockedLocked
Judge Peter TochtermannLockedLocked
Judge Holger KircherLockedLocked
Judge Margot KokkeLockedLocked
Judge Nicolai GeierLockedLocked

At the UPC: Rematec GmbH & Co KG (11 cases)·Europe Forestry B.V. (14 cases)

This dispute contains 10 other proceedings

UPC CoA 88/2026·UPC CoA 89/2026·UPC CFI 1297/2026·UPC CFI 1298/2026·UPC CFI 978/2026 and 5 more

3 other defendants litigating the same or a related patent

UPC CFI 244/2025·UPC CFI 193/2025·CC 7594/2024

Start a free trial to see how each one ended.

More cases: Mannheim LD·2023

Decisions
  • 2025-01-31
    Infringement ActionPublic

    Summary: The Mannheim Local Division revoked EP 2 548 648 (a wood/biomass shredder patent) in its entirety for lack of inventive step across 13 UPC member states, and dismissed the infringement action as a consequence; the claimant Rematec was ordered to bear 75% of costs.

    Show the legal issues (3)
    • Patent revocation for lack of inventive step
    • Infringement dismissed following revocation
    • Prior art analysis (shredder element orientation)
Document titleDatePublic
Order2026-05-22Not public
Order2026-05-22Public
Service Receipt/Service Document2026-05-11Not public
Other Documents2026-04-27Not public
Receipt2026-04-17Not public
Cover sheet2026-04-17Not public
Fee2026-04-17Not public
Proof of payment2026-04-17Not public
Exhibit Claimant2026-04-17Not public
Exhibit Claimant2026-04-17Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Rematec brought an infringement action against Europe Forestry B.V. regarding its wood/biomass shredder patent EP 2 548 648. The Mannheim Local Division found the patent invalid for lack of inventive step over D3 (which prompted the skilled person to address cutting element orientation) combined with D9 (which showed 45-degree oblique ribs in fibrous wood grinding), and revoked it across 13 UPC member states. The infringement action was dismissed as a consequence and Rematec was ordered to bear 75% of costs.

Accepted arguments
What the court agreed with — by party.
  • EP 2 548 648 lacks inventive step over D3 combined with D9 for the shredder tooth/cutting element orientation feature (Merkmal 1m)

    RespondentLegal basis: Art. 56 EPC

    Note: The Mannheim Local Division found that D3 taught the skilled person that the choice and arrangement of tearing/cutting elements must be coordinated, prompting the skilled person to consult D9, which showed oblique ribs at approximately 45 degrees to the circumferential direction of the rotor in fibrous wood material grinding, corresponding to feature 1m.

Rejected arguments
What the court did not agree with — and why.
  • Patent EP 2 548 648 is valid and infringement claims should be upheld

    ClaimantLegal basis: Art. 56 EPC

    Reason: The patent was found invalid for lack of inventive step and revoked in its entirety; infringement action was dismissed as a consequence.

Key legal principles
Doctrines and rules cited in the reasoning.
Prior art relied on
References cited and the role they played.
  • D3 (unspecified publication, shredder/mill technology)Obviousness combination
  • D9 (unspecified publication, fibrous wood material grinding with oblique ribs/strips)Obviousness combination
Claim construction notes

The court analysed feature 1m of EP 2 548 648 (mill for comminuting material, particularly biomass/wood), which concerns the angular arrangement of tearing and/or cutting elements at the inner wall of the grinding chamber relative to the circumferential direction of the rotor. The court found that D9 discloses oblique strips/ribs at approximately 45 degrees in a fibrous wood material grinder, corresponding to feature 1m.