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UPC CoA 44/2026

Mar 19, 2026·EP3281569 +3 more: MODULAR FOAM UNIT

Case details
Status
Written Phase
Action
Appeal
Category
Main Appeal
Parties
Claimants
Reps: Martin Wirtz (Boehmert & Boehmert); Michael Rüberg (Boehmert & Boehmert)
Respondents
Reps: Markus Gangl (Torggler & Hofmann Patentanwälte); Florian Robl (Torggler & Hofmann Patentanwälte)
Division
Court of Appeal
Technology
Furniture & Household
Language
German
First decided
Mar 24, 2026
Decisions
  • 2026-03-24
    Application Rop 223

    Order of the Court of Appeal (single judge) on an application for suspensive effect (Rule 223 RoP) filed by ALPINA Coffee Systems GmbH in its appeal against a Düsseldorf Local Division decision largely upholding CUP&CINO's infringement claim for EP 3 398 487 (milk frother). The Court of Appeal addressed the admissibility and merits of the suspensive effect application. The underlying first-instance decision had found infringement of EP 3 398 487 and rejected the revocation counterclaim. No final ruling on suspensive effect is visible from the excerpt; the order concerns procedural steps and assessment of the application.

    Legal issues:Application for suspensive effect of appeal under Rule 223 RoPAssessment of obvious errors in first-instance decisionInfringement of patent on milk frotherRevocation counterclaim
Documents
Document titleDatePublic
action.issueOrder.order2026-03-24Not public
Order2026-03-24Public
action.publishOrderDecision.case2026-03-20Not public
Receipt2026-03-19Not public
Cover sheet2026-03-19Not public
Fee2026-03-19Not public
Proof of entitlement to 50% reduction in court fees2026-03-19Not public
Proof of payment2026-03-19Not public
Statement of Appeal2026-03-19Not public