UPC_CoA_774/2024

German-language version of the Court of Appeal decision in the Seoul Viosys v expert appeal (counterclaim for revocation and infringement action). Claims 1, 4, 5, 6 and 9 of the patent (LED device, EP 698) revoked for added matter in force for Austria, Belgium, Germany, France, Italy, Luxembourg, Netherlands and Sweden. All infringement claims dismissed. Viosys ordered to bear costs of both instances for both the revocation and the infringement action.

English-language version of the Court of Appeal decision (UPC_CoA_764/2024 and 774/2024): Claims 1, 4, 5, 6 and 9 of Seoul Viosys's LED patent revoked for added matter (single-mesa embodiment not clearly and unambiguously disclosed in the parent application). All infringement claims dismissed. Viosys ordered to bear expert's costs for both appeal and first instance, in both the revocation and infringement actions.