UPC CFI 770/2024

At the UPC: PIRELLI TYRE S.P.A. (9 cases)·Sichuan Yuanxing Rubber Co., Ltd. (6 cases)

• 2026-07-16
  InfringementPublic

  Summary: The Milan Local Division granted Pirelli's application for rectification of a clerical error in the decision of 26 May 2026. The erroneous reference stating that Pirelli had filed an opt-out on 30 June 2023 and withdrawn it on 26 November 2024 was deleted from page 9, paragraph 4 of that decision, as Pirelli demonstrated it had never filed any opt-out for EP 3 519 207 B1.

  Show the legal issues (2)

  • Rectification of clerical error in decision under R. 353 RoP
  • Erroneous reference to opt-out filing by claimant
• 2026-05-26
  Counterclaim for revocationPublic

  Summary: The Milan Local Division found that Sichuan Yuanxing Rubber Co., Ltd. literally infringed claim 1 of EP 3 519 207 B1 (Pirelli's motorcycle tyre patent) through exhibition of tyres HA-51R and HA-51F at the EICMA fair and promotion on its website. The counterclaim for revocation based on insufficient description and lack of inventive step was rejected, and an injunction was granted against SYR across all UPC Contracting Member States where the patent is in force.

  Show the legal issues (12)

  • Literal infringement of claim 1 of EP 3 519 207 B1 by motorcycle tyres HA-51R and HA-51F
  • Counterclaim for revocation: insufficient description (Art. 65 UPCA / R. 25 RoP)
  • Counterclaim for revocation: lack of inventive step (Art. 65 UPCA / R. 25 RoP)
  • Claim interpretation under Art. 69 EPC and Protocol on Interpretation
  • Meaning of 'motorcycle' vs 'motoveicolo' under Art. 70(1) EPC (authentic text)
  • Interpretation of 'tread pattern' and flat-plane representation (feature 1F)
  • Interpretation of 'substantially along an axial direction' for transverse grooves (feature 1H)
  • Infringement via trade fair exhibition and website promotion
  • Proportionality of remedies under Art. 64(4) UPCA (withdrawal/destruction of products denied for lack of commercialisation evidence)
  • Interim award of damages (R. 119 RoP) denied
  • Burden of proof redistribution (proximity of evidence principle, CJEU C-104/10 Kelly)
  • Common general knowledge: whether patent literature showing tread flat-plane representation constitutes CGK (EPO T 1000/12, T 412/09)
• 2026-02-13
  Infringement ActionPublic

  Summary: The Milan Local Division issued a post-interim-conference order in Pirelli v. Sichuan Yuanxing Rubber, resolving preliminary objections (with SYR withdrawing a service objection) and addressing admissibility of photographs and product samples from the earlier seizure.

  Show the legal issues (3)

  • Post-interim-conference order (R. 105.5 RoP)
  • Admissibility of photographic evidence
  • Withdrawal of service exception