UPC CFI 779/2024

At the UPC: Brita SE (7 cases)·Wessper Sp. z o.o. (1 case)

• 2026-05-27
  Infringement ActionPublic

  Summary: The Local Division Düsseldorf rejected the defendant's post-judgment application for confidentiality protection orders under R. 262A and R. 262.2 RoP. The court held that the defendant failed to raise confidentiality concerns during the main proceedings despite having the opportunity to do so, and provided no adequate justification for seeking protection only after the judgment. The separate R. 262.2 request was also denied for lack of a procedural basis, as the relevant information had not yet been filed with the court.

  Show the legal issues (5)

  • Confidentiality protection under R. 262A RoP (analogous application)
  • Confidentiality protection under R. 262.2 RoP
  • Timeliness of post-judgment confidentiality applications
  • Duty to raise confidentiality concerns during main proceedings
  • Disclosure obligations under court-ordered accounting and information provisions
• 2026-04-16
  Infringement ActionPublic

  Summary: The Local Division Düsseldorf found that Wessper Sp. z o.o. indirectly infringed EP 1 748 830 B1 by offering and supplying filter cartridges ('AquaMax') suitable for use in Brita's PerfectFit water jugs, thereby enabling use of the patented invention. The court rejected the defendant's exhaustion defence, holding that replacement of a wear-part cartridge constitutes a re-manufacture of the patented device under the asserted claim combination, and ordered disclosure of accounts and a declaration of liability for damages; the injunction claim was dismissed as moot because the patent had expired by lapse of time before judgment.

  Show the legal issues (8)

  • Indirect patent infringement (Art. 26 UPCA) — objective suitability of filter cartridge as means relating to an essential element of the invention
  • Exhaustion (Art. 29 UPCA) — whether replacement of a consumable filter cartridge constitutes permissible use or re-manufacture of the patented device
  • Claim combination analysis — whether the asserted sub-claim combination (claims 1, 13, 14, 15) enlarges the scope of the technical effect reflected in the wear part
  • Construction of 'Trichterbodenwand' (funnel base wall), 'Rand der Aufnahmeöffnung' (rim of receiving opening), fixing means, and throttle device
  • Jurisdiction over Liechtenstein under Brussels Ia Regulation and partial withdrawal
  • Temporal scope of UPCA applicability to pre-1 June 2023 acts
  • Penalty payment (Zwangsgeld) for non-compliance with disclosure order up to EUR 250,000
  • Case value / recoverable representation costs ceiling