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UPC CFI 811/2024

Dec 20, 2024·EP1840282 +1 more · Vacuum sewer system

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Division
Dusseldorf LD
Technology
  • Other fields
    Civil engineering
  • Mechanical engineering
    Mechanical elements
Language
German
First decided
Jun 22, 2026
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Peter AgergaardLockedLocked
Judge Schumacher JuleLockedLocked

At the UPC: Evac Oy (2 cases)·Shanghai VacDrain Vacuum Drainage Equipment Co., Ltd. (2 cases)

Related cases

This dispute contains 1 other proceedings

UPC APP 20487/2025

Start a free trial to see how each one ended.

More cases: Dusseldorf LD·2024

Decisions
  • 2026-06-22
    Infringement ActionPublic

    Summary: The Düsseldorf Local Division found that defendants 1 (Shanghai VacDrain) and 3 (Yong Cao) infringed EP 1 840 282 B1 and granted an injunction, recall from channels of distribution, and destruction of infringing products against them. The court further established their liability in principle for damages. Defendant 2 (VD Solutions GmbH) and claims relating to EP 1 813 734 B1 were dismissed (the action was otherwise rejected). Costs were allocated 70% to defendants 1 and 3 and 30% to the claimant.

    Show the legal issues (6)
    • limitation period (Article 72 UPCA) for financial compensation claims
    • inapplicability of limitation period to injunctive relief
    • agreement / consent as defence
    • forfeiture (Verwirkung)
    • de facto business succession
    • exhaustion of rights
Document titleDatePublic
Service Receipt/Service Document2026-08-14Not public
Communication2026-07-29Not public
Receipt2026-07-22Not public
Cover sheet2026-07-22Not public
Application document Claimant2026-07-22Not public
Receipt2026-07-08Not public
Cover sheet2026-07-08Not public
Application document Claimant2026-07-08Not public
Case closed2026-06-22Not public
Decision2026-06-22Not public
Accepted arguments
What the court agreed with — by party.
  • Injunctive relief is not subject to the five-year limitation period under Article 72 UPCA because an injunction is directed towards the future

    ClaimantLegal basis: Article 72 UPCA
  • Defendants 1 and 3 infringed EP 1 840 282 B1 through the manufacture and distribution of the accused products

    ClaimantLegal basis: EP 1 840 282 B1
Rejected arguments
What the court did not agree with — and why.
  • Financial compensation claims are barred by the five-year limitation period under Article 72 UPCA (to the extent claims were time-barred)

    ClaimantLegal basis: Article 72 UPCA
  • Claims against defendant 2 (VD Solutions GmbH) and claims relating to EP 1 813 734 B1 were dismissed

    ClaimantLegal basis: EP 1 813 734 B1