UPC CFI 56/2025

At the UPC: Versah LLC (3 cases)·HaeNaem Co., Ltd. (2 cases)

• 2026-08-25
  InfringementPublic

  Summary: The Local Division Düsseldorf (Panel 1) found that HaeNaem Co., Ltd. and Adin Dental Implant Systems Ltd. infringed claim 1 (and, via dependency, claim 11) of EP 3 402 420 B1 by importing and placing the accused rotary dental osteotomes on the market in Germany. The court ordered the defendants to cease and desist across nine UPC member states (Germany, Austria, Denmark, Italy, Belgium, Finland, France, the Netherlands and Sweden), to recall the infringing products from commercial distributees, and to render information and accounts, and declared them liable in principle for damages incurred since 1 August 2020. The revocation counterclaim (UPC_CFI_864/2025), raising added matter, insufficiency, and lack of novelty and inventive step over WO2014/077920 A1 and WO2015/138842 A1, was examined on the merits and rejected as unfounded, so the patent is maintained as granted.

  Show the legal issues (7)

  • Direct infringement of a product claim: whether the challenged embodiment is objectively capable, given its nature and suitability for use, of fulfilling the claim features
  • Standing to sue (Aktivlegitimation) of an exclusive (sub-)licensee under Art. 47(2) UPCA
  • Added matter under Art. 138(1)(c) EPC
  • Insufficiency of disclosure under Art. 138(1)(b) EPC
  • Novelty of claims 1 and 11 over WO2014/077920 A1 and WO2015/138842 A1
  • Inventive step of claim 1 in light of the 'negative rake angle' feature
  • Jurisdiction deemed accepted under R. 19.7 RoP absent a preliminary objection under R. 19