UPC CFI 64/2025

At the UPC: Alpina Coffee Systems GmbH (10 cases)·CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG (10 cases)

• 2026-03-18
  Infringement ActionPublic

  Summary: The Dusseldorf Local Division found that ALPINA Coffee Systems GmbH's 'ALPINA Latte Perfetto Duo' milk frother infringes claim 2 of EP 3 398 487 B1, granted a permanent injunction covering Austria, Germany, Denmark, France, Italy, the Netherlands and Portugal, and ordered recall, destruction (expressly excluding pure advertising materials), disclosure, and EUR 4,000 in provisional damages with full damages liability established in principle. It dismissed the claimant's request to publish a notice on the defendant's website and declined to order security conditioning enforcement. The revocation counterclaim (UPC_CFI_64/2025) was dismissed after the added-matter and inventive-step attacks failed on the merits, upholding the patent.

  Show the legal issues (9)

  • claim construction
  • added matter (Art. 138(1)(c) EPC)
  • inventive step
  • permanent injunction
  • destruction (Art. 64(2)(e) UPCA) - advertising materials held exempt
  • recall
  • provisional damages (R.119 RoP)
  • publication of the decision (Art. 80 UPCA) - denied
  • security conditioning enforcement (Art. 82(2) UPCA) - denied