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UPC CoA 365/2025

Apr 23, 2025·EP3356109 · FOAM RESIN STRUCTURAL PART FOR A FRAME OF A VEHICLE AND PRODUCTION METHOD THEREFOR

Case details
Status
Case Closed (Patent infringed)
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Division
Court of Appeal
Technology
  • Mechanical engineering
    Other special machines
Language
German
First decided
May 21, 2025
Last decision
Aug 17, 2026
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Patricia RombachLocked
Judge Ingeborg SimonssonLocked
Judge Erwin WismethLocked
Judge Marc van der BurgLocked

At the UPC: Knaus Tabbert AG (8 cases)·Yellow Sphere Innovations GmbH (9 cases)

This dispute contains 7 other proceedings

UPC CoA 157/2026·UPC CoA 413/2025·UPC CFI 411/2025·UPC CFI 368/2025·UPC CoA 367/2025 and 2 more

1 other defendants litigating the same or a related patent

UPC CFI 1497/2025

Start a free trial to see how each one ended.

More cases: Court of Appeal·2025

Decisions
  • 2026-08-17
    AppealPublic

    Summary: Court of Appeal rejected Knaus Tabbert's appeal in the infringement action. The Local Division Düsseldorf had largely granted the infringement claim over EP 3 356 109, and that finding stands.

    Show the legal issues (4)
    • novelty
    • inventive step
    • infringement
    • admissibility of new submissions on appeal (R. 263 RoP)
  • 2025-06-17

    Summary: The Court of Appeal declared inadmissible Knaus Tabbert AG's 'Gegenvorstellung' (objection to the rejection of its stay application under R. 223 RoP), holding that a mere challenge to the reasoning of the appellate order denying a suspensive effect does not constitute an admissible procedural remedy, and that new facts about third parties' financial situation that could have been raised at first instance are not admissible.

    Show the legal issues (3)
    • Admissibility of 'Gegenvorstellung' against refusal of suspensive effect under R. 223 RoP
    • Admissibility of new facts in appellate proceedings
    • Suspensive effect of appeal
  • 2025-05-21
    Application RoP 223Public

    Summary: Court of Appeal (Panel 2) rejected Knaus Tabbert AG's application for suspensive effect (R. 223 RoP) pending appeal against a first-instance infringement decision in Yellow Sphere Innovations GmbH / Härtwich v. Knaus Tabbert (Düsseldorf Local Division, EP 3 356 109, vehicle frame with foam resin). The court held: (1) no obviously wrong application of law regarding infringement; (2) enforcement security was within the first-instance court's discretion and Knaus Tabbert failed to raise financial vulnerability of claimant in first instance; (3) the proportionality finding on recall, removal from channels of commerce and destruction was not evidently wrong; (4) the appeal would not become devoid of purpose if enforcement proceeded.

    Show the legal issues (4)
    • Application for suspensive effect pending appeal (R. 223 RoP)
    • Enforcement security (Art. 82 UPCA)
    • Proportionality of recall, removal and destruction orders
    • New evidence on financial vulnerability of claimant not admissible in R. 223 proceedings if not raised in first instance
Document titleDatePublic
Formal Deficiency found2026-09-17Not public
Receipt2026-09-15Not public
Cover sheet2026-09-15Not public
Exhibit Appellant2026-09-15Not public
Exhibit Appellant2026-09-15Not public
Exhibit Appellant2026-09-15Not public
Exhibit Appellant2026-09-15Not public
Exhibit Appellant2026-09-15Not public
Exhibit Appellant2026-09-15Not public
Exhibit Appellant2026-09-15Not public