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UPC CFI 390/2023

Oct 27, 2023·EP2867997 SEP · WIRELESS INDUCTIVE POWER TRANSFER

Action number: ACT 583273/2023

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Munich LD
Technology
  • Electrical engineering
    Telecommunications
Language
German
First decided
Sep 13, 2024
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
Munich LDLockedLocked
Judge Matthias ZigannLockedLocked
Judge Tobias PichlmaierLockedLocked
Judge Edger BrinkmanLockedLocked
Judge Anders HanssonLockedLocked

At the UPC: Philips Group (46 cases)·Belkin Group (24 cases)

Decisions
  • 2024-12-18

    Summary: Order imposing penalty payments of EUR 46,000 against Belkin companies for non-compliance with the court's disclosure order (accounting for infringement) in Philips v Belkin. The penalty ran at EUR 500/day for 26 days. Remaining requests by Philips were rejected. Philips bears 25% of costs; Belkin bears 75%.

    Show the legal issues (3)
    • Penalty payments for non-compliance (Article 82 UPCA, Rule 354 RoP)
    • Disclosure/accounting order enforcement
    • Electronic versus paper disclosure
  • 2024-09-13
    Infringement ActionPublic

    Summary: Munich Local Division found Belkin GmbH, Belkin International Inc., and Belkin Limited liable for infringement of Philips' EP 2 867 997 B1 (wireless power transfer technology) and dismissed the counterclaims for revocation. An injunction was granted against Belkin's infringing acts outside Germany (German acts excluded due to opt-out/national proceedings). Defendants were ordered to provide information, recall products, pay EUR 119,000 interim damages, and cover approximately 5/6 of costs. The revocation counterclaims were dismissed. (German territorial acts were carved out from the injunction as a separate matter.)

    Show the legal issues (5)
    • Patent infringement of wireless power transfer technology
    • Revocation counterclaim dismissed
    • Scope of injunction and territorial carve-out for Germany
    • Liability of company directors as intermediaries under Art. 63(1) UPCA
    • Patent infringer as manufacturer/seller under UPCA
Document titleDatePublic
Order2026-10-05Not public
Order2026-10-05Not public
Note2026-10-05Not public
Receipt2026-10-01Not public
Cover sheet2026-10-01Not public
Application document Defendant2026-10-01Not public
workflow geschlossen2025-07-22Public
workflow geschlossen2025-07-22Public
workflow geschlossen2025-07-22Public
workflow geschlossen2025-07-22Public
Plain-English summary

Koninklijke Philips N.V. obtained a merits judgment against Belkin GmbH, Belkin International Inc., and Belkin Limited at the Munich Local Division for infringement of EP 2 867 997 B1 (wireless power transfer technology). The court upheld the patent against revocation counterclaims and granted an injunction, recall, information order, and EUR 119,000 interim damages for acts outside Germany (German acts excluded due to opt-out). Orders were also issued against Belkin's corporate officers as intermediaries under Art. 63(1)(2) UPCA. Late-filed prior art document D7 was excluded from the proceedings.

Accepted arguments
What the court agreed with — by party.
  • Protection sought from description and drawings can only be claim subject-matter if expressed in the claim

    ClaimantLegal basis: Art. 69 EPC

    Note: Munich LD confirmed that scope of protection is determined by claim language; broader description content does not expand the claim.

  • Where description presents multiple embodiments as belonging to the invention, claim terms must be understood broadly enough to encompass all embodiments

    ClaimantLegal basis: Art. 69 EPC

    Note: Court held that if multiple embodiments are presented as inventive, terms in the claim must be interpreted to cover all of them.

  • Infringer is the party who acts as manufacturer/offeror or who creates the impression for the relevant market that it manufactures/distributes goods in its own name and for its own account

    ClaimantLegal basis: Art. 25 UPCA

    Note: Court applied this test to identify liable Belkin entities as direct infringers.

  • Order against corporate officers (as intermediaries) available where company infringes

    ClaimantLegal basis: Art. 63(1)(2) UPCA

    Note: Court issued orders against Belkin GmbH's CEO and Belkin Limited's directors in their capacity as intermediaries.

Rejected arguments
What the court did not agree with — and why.
  • D7 (new prior art) submitted with written submission of 15 March 2024 admitted to revocation proceedings

    Respondent

    Reason: D7 and related submissions were not admitted into the proceedings.

  • Revocation counterclaims — patent invalid

    RespondentLegal basis: Art. 138 EPC

    Reason: Revocation counterclaims dismissed in their entirety.

Prior art relied on
References cited and the role they played.
  • D7 (unspecified late-filed document)Obviousness combination
Claim construction notes

The Munich LD applied Art. 69 EPC claim construction: protection extends only to what is expressed in the claim; description and drawings inform but do not expand claim scope. Where the description presents multiple embodiments as inventive, claim terms are interpreted in the widest sense consistent with covering all such embodiments. The infringement finding covered Belkin's wireless power transfer products outside Germany (German acts carved out). Belkin's corporate officers were ordered as intermediaries.