UPC CoA 534/2024

At the UPC: Belkin Group (24 cases)·Philips Group (46 cases)

• 2025-10-03
  Appeal RoP220.1Public

  Summary: Court of Appeal decision on patent infringement and counterclaim for invalidity. Belkin GmbH, Belkin International Inc. and Belkin Limited were found to infringe Philips' patent EP 2 867 997. The appeal court partially modified the first-instance judgment: it ordered Belkin (GmbH, International, Limited) to recall, permanently remove and destroy the infringing products; excluded acts by Belkin GmbH and Belkin Limited in Germany from the injunction; and set penalty payments of up to EUR 100,000 per day for breach of the cease-and-desist order. Philips' cross-appeal seeking electronic disclosure was rejected. Costs were split 50/50 between Belkin (three entities) and Philips for the infringement action; Belkin bore the invalidity counterclaim costs. The patent was maintained (revocation counterclaim dismissed).

  Show the legal issues (6)

  • Definition of 'offering' under Art. 25(a) UPCA (economic, not strictly legal contract-law concept)
  • Secondary liability of company directors for patent infringement
  • Knowledge requirement (awareness of illegality) for accessory liability of managing directors
  • Scope of remedial measures (recall, removal, destruction) under Art. 64(2) UPCA
  • Penalty payments under R. 354.3 RoP
  • Counterclaim for revocation – patent maintained
• 2025-10-03
  Appeal RoP220.1Public

  Summary: The Court of Appeal issued a rectification order under R.353 VerfO (Rules of Procedure), correcting an obvious error in headnote 7 of its decision of 3 October 2025 in the appeal concerning Philips v. Belkin (infringement action and counterclaim for revocation of EP 2 867 997). The corrected headnote 7 now reads that claimant requests for recall, removal from distribution channels, and destruction must generally specify a deadline for completion, which must already be set in the decision or final order. This is one of three identical rectification orders (also UPC_CoA_19/2025 and UPC_CoA_683/2024), corresponding to the three related appeals.

  Show the legal issues (2)

  • Rectification of obvious error in Court decision under R.353 RoP
  • Recall and removal orders — deadline requirement