UPC CFI 363/2024
Jul 1, 2024·EP2404516 · Wig and manufacturing method thereof
Action number: ACT 39091/2024
- Case details
- StatusCase Closed (No infringement)ActionInfringementCategoryMain infringement action
- Parties
- Division
- Paris LD
- Technology
- Other fieldsOther consumer goods
- Language
- French
- First decided
- Aug 1, 2025
| Infringement found | Median days to first decision | |
|---|---|---|
| All UPC | 53% (62/117) | 124 |
| Paris LD | Locked | Locked |
| Judge Camille Lignières | Locked | Locked |
| Judge Carine Gillet | Locked | Locked |
| Judge Stefan Schilling | Locked | Locked |
At the UPC: N.J DIFFUSION SARL (4 cases)·GISELA MAYER GmbH (4 cases)
This dispute contains 3 other proceedings
- 2025-08-01Infringement ActionPublic
Summary: Decision on the merits of the Paris Local Division dismissing all infringement claims by N.J DIFFUSION SARL (in collective insolvency proceedings, assisted by its judicial administrator) against GISELA MAYER GmbH for infringement of EP 2 404 516 (edge-to-edge ribbon design), both direct and by equivalence. The Court found that the patent's scope is limited to edge-to-edge placement as defined in the claims, and no infringement was established. N.J DIFFUSION must bear all costs (fixed at EUR 50,000 as a claim against the insolvency estate).
Show the legal issues (4)
- Patent claim interpretation (edge-to-edge vs. overlap mode)
- Admissibility of equivalence infringement claim at reply stage
- Indirect infringement Art. 26 UPCA Art. 69 EPC
- Insolvency proceedings and continuation of patent action
- 2025-06-19
Summary: Procedural order from the Paris Local Division dated 19 June 2025 dealing with security for costs requested by defendant GISELA MAYER GmbH against claimant N.J DIFFUSION SARL in an infringement action. NJ Diffusion had been placed in judicial reorganization (redressement judiciaire) on 5 June 2025. The court had to deal with: (1) the intervention of the court-appointed administrator and judicial representative; (2) request to provide security for costs under R. 158 RoP; and (3) the oral hearing scheduled for 20 June 2025. The order addresses the effect of insolvency proceedings on pending UPC proceedings under R. 311 RoP.
Show the legal issues (3)
- Security for costs under R. 158 RoP
- Insolvency of a party and suspension of proceedings under R. 311 RoP
- Intervention of insolvency administrator
| Document title | Date | Public |
|---|---|---|
| Headnote-and-Keywords | 2025-08-01 | Not public |
| DecisionOutcome | 2025-08-01 | Not public |
| Decision au fond | 2025-08-01 | Public |
| oral hearing recording referencing | 2025-07-21 | Not public |
| oral hearing recording referencing | 2025-07-21 | Not public |
| Headnote-and-Keywords | 2025-06-20 | Not public |
| Outcome of the Order | 2025-06-19 | Not public |
| ord. procédurale 19 juin 2025 panel | 2025-06-19 | Public |
| Receipt | 2025-06-18 | Not public |
| 2025-06-18-MEMOIRE EN REPONSE A INTERVENTIONS VOLONTAIRES_SIGNE | 2025-06-18 | Not public |
N.J. Diffusion SARL (in collective insolvency proceedings) sued Gisela Mayer GmbH before the Paris Local Division for direct and equivalent infringement of EP 2 404 516, a patent covering an edge-to-edge ribbon design method for making wigs. The court dismissed all infringement claims: Gisela Mayer's products did not fall within the claims' edge-to-edge scope, and the equivalence claim also failed because the modified means did not perform essentially the same function to achieve essentially the same effect. Costs of EUR 50,000 were fixed as a claim against N.J. Diffusion's insolvency estate.
The scope of protection of EP 2 404 516 is limited to edge-to-edge placement of ribbon strips as expressly defined in claim 1; the overlapping/superposition embodiment in the description does not fall within the patent's scope of protection
RespondentLegal basis: Art. 69 EPC and Protocol on Interpretation; purposive claim constructionNote: Court held that the claims expressly limit the scope to 'bord à bord' (edge-to-edge) placement and cited Hamburg LD (Agfa v Gucci, UPC_CFI_278/2023) that description specifications inconsistent with granted claims cannot serve as basis for broader interpretation.
Infringement by equivalence (doctrine of equivalents) claim submitted after the statement of defence is admissible as it constitutes adaptation of the claimant's case in response to defence arguments and did not change the nature of the procedural strategy
ClaimantLegal basis: UPC Rules of Procedure; admissibility of late claimsNote: Court held the equivalence claim was not tardy (filed at reply stage, not initially) because it was a justified response to defence arguments and defendant had the opportunity to reply in its rejoinder.
Direct infringement of EP 2 404 516 (wig/hairpiece patent — edge-to-edge ribbon design) by Gisela Mayer
ClaimantLegal basis: Art. 69 EPCReason: Patent scope is limited to edge-to-edge placement as defined in the claims; Gisela Mayer's products did not fall within this scope.
Infringement by equivalence of EP 2 404 516
ClaimantLegal basis: Art. 26 AJUB (Art. 26 UPCA); Art. 69 EPC and Protocol on Interpretation; doctrine of equivalentsReason: Equivalence claim failed on the merits; the court applied the 'same function, same effect' test (smallest common denominator among UPC member state approaches) and found the modified means in Gisela Mayer's product did not essentially perform the same function to achieve essentially the same effect.
Personal condemnation of the judicial administrator and mandataire judiciaire (insolvency practitioners) for costs
RespondentLegal basis: EU Regulation 848/2015 (lex concursus); French commercial law Art. L.622-22Reason: Under French insolvency law (lex concursus), liability of insolvency officers requires a characterised autonomous fault; Gisela Mayer merely showed they chose to continue the litigation, which does not demonstrate such fault.
Browse other cases on this principle.
EP 2 404 516 covers a wig manufacturing method using ribbon strips placed 'bord à bord' (edge-to-edge). The court construed the scope of protection as limited to this edge-to-edge mode; the description also mentioned a superposition/overlapping embodiment but this was inconsistent with the granted claims and therefore outside the scope of protection. The court cited Hamburg LD (Agfa v Gucci) as support for this principle.