UPC CFI 559/2024

At the UPC: QUANTIFICARE S.A. (5 cases)·Canfield Scientific GmbH (4 cases)

• 2026-04-23
  Counterclaim for revocationPublic

  Summary: The UPC Local Division Düsseldorf found that EP 3 156 843 (a stereophotogrammetry device and method for 3D body reconstruction) was directly infringed by the respondents' Canfield Vectra H2 imaging system in Belgium, France, Italy, and the Netherlands. The court granted an injunction, recall, removal from distribution channels, disclosure of information, provisional damages of EUR 20,000, and a declaration of liability for further damages, while dismissing the defendants' counterclaim for revocation in its entirety.

  Show the legal issues (11)

  • Infringement of claims 1 and 14 of EP 3 156 843 by Canfield Vectra H2 stereophotogrammetry system
  • Territorial scope of UPC injunction under Art. 34 UPCA including 'carve out' of Germany due to parallel German proceedings
  • Claim construction: whether dual optics require two separate optical systems without moving parts
  • Claim construction: whether the signalling of target distance requires two temporally separate steps
  • Validity of EP 3 156 843: lack of inventive step counterclaim by respondents
  • Standing/passive legitimation of Defendant 1 (German subsidiary) for acts in other contracting member states
  • Limitation/prescription under Art. 72 UPCA for damages and ancillary claims
  • Provisional damages under R. 119 RoP
  • Provisional reimbursement of costs under R. 150.2 RoP
  • Security for enforcement under Art. 82(2) UPCA
  • Confidentiality order as condition precedent to disclosure obligation
• 2025-07-02
  Public

  Summary: The Düsseldorf Local Division issued a procedural order pursuant to Art. 33(3)(a) UPCA, deciding to retain both the infringement action and the counterclaim for revocation together, and requesting assignment of a technically qualified judge.

  Show the legal issues (2)

  • Art. 33(3)(a) UPCA bifurcation vs. combination
  • Assignment of technically qualified judge