UPC CoA 622/2025

At the UPC: Hefei Xinhu Canned Motor Pump Co., Ltd. (6 cases)·Grundfos Holding A/S (7 cases)

• 2026-05-27
  Appeal RoP220.2Public

  Summary: The Court of Appeal (UPC) reversed the Düsseldorf Local Division's first-instance decision, partially revoking EP 2 778 423 (claims 1–3, 5, and 11, to the extent not dependent on surviving claims) for lack of inventive step over prior art D5 combined with general technical knowledge, while maintaining claims 4, 6, 7, 9, and 10. As a consequence, the infringement action by Grundfos against Hefei was dismissed in full because the infringement allegations were based solely on the revoked claims and non-patentable auxiliary requests.

  Show the legal issues (9)

  • New submissions on appeal (R. 222.2 RoP) — admissibility threshold
  • Claim construction — distinction between 'Umschalten' (switching) and 'Zuschalten' (adding) external speed control
  • Claim construction — primacy of language of proceedings (German) over English translation (Art. 70(1) EPC)
  • Claim construction — consistent interpretation of identical terms across claim features
  • Lack of inventive step of claim 1 over DE 101 39 510 A1 (D5) combined with general technical knowledge
  • Admissibility of new prior-art combinations raised in nullity counterclaim on appeal
  • Validity of dependent claims 2–3, 5–11 and auxiliary requests
  • Dismissal of infringement action following partial revocation of patent
  • Refusal to stay proceedings pending separate nullity action