Dompatent involved in groundbreaking Unified Patent Court (UPC) decision

We are delighted to reveal that our colleagues, notably featuring Andreas Gagidis, Dr. Alexander Schuld, Ziduan Fang, Dr. Mark Standke, Yanjie Li, and Dr. Stephan Milles, have secured victory in a noteworthy case at the Unified Patent Court (UPC)’s local chamber in Munich. This decision signals a significant shift from the traditional stance of the German District Courts, which until now were typically apprehensive about entertaining claim construction arguments grounded in the patent prosecution history.


Key insights from the decision include:

1. Amendments to a European Patent’s original claim version during the granting procedure can be leveraged for interpretative provisions during litigation proceedings.

2. Defendants can expect the unsuccessful applicant of an application for preliminary measures to cover costs incurred by the defendants’ submission, encompassing the cost of a protective letter.


These salient points distinguish this decision as a milestone in the European Patent Law. Going forward, patent owners must exercise due circumspection when deciding to select the UPC as their forum for infringement cases.


For an in-depth analysis of this decision, stay tuned for its formal publication on the UPC’s website: Decisions and Orders | Unified Patent Court (