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UPC CFI 363/2024

Jul 1, 2024·EP2404516 · Wig and manufacturing method thereof

Action number: ACT 39091/2024

Case details
Status
Case Closed (No infringement)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
  • Frédéric Portal
Division
Paris LD
Technology
  • Other fields
    Other consumer goods
Language
French
First decided
Aug 1, 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
Paris LDLockedLocked
Judge Camille LignièresLockedLocked
Judge Carine GilletLockedLocked
Judge Stefan SchillingLockedLocked

At the UPC: N.J DIFFUSION SARL (4 cases)·GISELA MAYER GmbH (4 cases)

Decisions
  • 2025-08-01
    Infringement 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 titleDatePublic
Headnote-and-Keywords2025-08-01Not public
DecisionOutcome2025-08-01Not public
Decision au fond2025-08-01Public
oral hearing recording referencing2025-07-21Not public
oral hearing recording referencing2025-07-21Not public
Headnote-and-Keywords2025-06-20Not public
Outcome of the Order2025-06-19Not public
ord. procédurale 19 juin 2025 panel2025-06-19Public
Receipt2025-06-18Not public
2025-06-18-MEMOIRE EN REPONSE A INTERVENTIONS VOLONTAIRES_SIGNE2025-06-18Not public
Plain-English summary

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.

Accepted arguments
What the court agreed with — by party.
  • 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 construction

    Note: 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 claims

    Note: 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.

Rejected arguments
What the court did not agree with — and why.
  • Direct infringement of EP 2 404 516 (wig/hairpiece patent — edge-to-edge ribbon design) by Gisela Mayer

    ClaimantLegal basis: Art. 69 EPC

    Reason: 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 equivalents

    Reason: 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.622-22

    Reason: 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.

Claim construction notes

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.