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UPC CFI 50/2024

Feb 7, 2024·EP3356109 · FOAM RESIN STRUCTURAL PART FOR A FRAME OF A VEHICLE AND PRODUCTION METHOD THEREFOR

Action number: ACT 6665/2024

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Dusseldorf LD
Technology
  • Mechanical engineering
    Other special machines
Language
German
First decided
Apr 10, 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
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Edger BrinkmanLockedLocked
Judge Berenice ThomLockedLocked
Judge Graham AshleyLockedLocked

At the UPC: Yellow Sphere Innovations GmbH (9 cases)·Knaus Tabbert AG (8 cases)

This dispute contains 7 other proceedings

UPC CoA 157/2026·UPC CoA 413/2025·UPC CFI 411/2025·UPC CFI 368/2025·UPC CoA 365/2025 and 2 more

1 other defendants litigating the same or a related patent

UPC CFI 1497/2025

Start a free trial to see how each one ended.

More cases: Dusseldorf LD·2024

Decisions
  • 2025-04-10
    Infringement ActionPublic

    Summary: Final decision on the merits from the Düsseldorf Local Division (UPC_CFI_50/2024) delivered on 10 April 2025. The Court found that Knaus Tabbert AG infringed EP 3 356 109 B1 (product-by-process claims relating to a structural component) and granted an injunction, recall from distribution channels, definitive removal, and destruction of infringing products. The revocation counterclaim was dismissed. Provisional damages of EUR 100,000 were awarded, with further damages to be determined. The revocation counterclaim and third-party counterclaim were dismissed. Costs were apportioned 75% to Knaus Tabbert and 12.5% each to the claimants.

    Show the legal issues (6)
    • Product-by-process claims
    • Infringement
    • Revocation counterclaim dismissed
    • Third-party counterclaim dismissed
    • Compensation for pre-grant use (Art. 67 EPC)
    • Damages
Document titleDatePublic
Communication2026-10-15Not public
Receipt2026-10-15Not public
Cover sheet2026-10-15Not public
Document Claimant2026-10-15Not public
Communication2026-10-07Not public
Receipt2026-10-07Not public
Cover sheet2026-10-07Not public
Application document Claimant2026-10-07Not public
Receipt2026-09-22Not public
Cover sheet2026-09-22Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Erwin Härtwich and Yellow Sphere Innovations GmbH sued Knaus Tabbert AG before the Düsseldorf Local Division for infringement of EP 3 356 109 B1, a product-by-process patent for a foam resin structural part used in vehicle frames. The court found infringement, granted an injunction, ordered recall and removal from distribution channels, destruction of infringing products, and awarded EUR 100,000 in preliminary damages, while dismissing both the revocation counterclaim and the third-party counterclaim. The court also held that UPC jurisdiction covers Art. 67 EPC compensation for use during the patent application's publication period.

Accepted arguments
What the court agreed with — by party.
  • Product-by-process claims cover products with the technical properties conferred by the specified manufacturing process, regardless of how the infringer manufactures the product

    ClaimantLegal basis: Art. 25 UPCA; German patent law on product-by-process claims

    Note: The court held that the decisive question for product-by-process claims is how the skilled person understands the manufacturing process indications and what conclusions they draw for the technical properties of the resulting product; Knaus Tabbert's structural foam components were found to embody these properties.

  • UPC has jurisdiction over compensation for use of published EP application (Art. 67 EPC period)

    ClaimantLegal basis: Art. 32(1)(f) UPCA; Art. 24(1)(c) UPCA; Art. 67 EPC

    Note: The court held that compensation for use during the application publication period falls within UPC jurisdiction, applying Art. 67 EPC as national law on the basis of Art. 24(1)(c) UPCA since no unified rule exists. Claimants were required to plead the conditions for each individual member state.

Rejected arguments
What the court did not agree with — and why.
  • Patent EP 3 356 109 is invalid (counterclaim for revocation)

    RespondentLegal basis: Art. 65 UPCA

    Reason: The revocation counterclaim was dismissed; the patent was upheld.

  • Third-party counterclaim (Dritt-Widerklage) against Alexander Christ should succeed

    Respondent

    Reason: The third-party counterclaim was dismissed.

  • Software-based deactivation of infringing function is an alternative to destruction

    RespondentLegal basis: Art. 64 UPCA

    Reason: The court ordered destruction rather than software-based deactivation, finding that deactivation could only be accepted if it were certain that the product could not be re-enabled into an infringing state.

Claim construction notes

For product-by-process claims, the court applied a construction focused on what technical properties the claimed manufacturing process confers on the resulting product. The skilled person's understanding of the manufacturing process description and the resulting structural/material properties of the foam resin structural part is the decisive interpretive question, not the specific process steps as such.