2026-07-22 - LD Milan - Primetals Technologies Austria v. Danieli - UPC_CFI_377/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Milan Local Division issued the judge-rapporteur's order recording the decisions taken at the interim conference in parallel infringement and revocation-counterclaim proceedings. Faced with two competing feature breakdowns of claim 1, the Court adopted the defendant's version because it most closely reflects the literal wording of the claim and preserves its two-part structure, and made it the binding reference for the oral hearing. It held 23 auxiliary requests to be an unreasonable number and ordered the patentee to select the five most relevant, with the opponent's response confined to the selection criteria and methodology. It dismissed the claimant's application under R. 36 RoP for a further exchange of pleadings on infringement by equivalence, holding that the claimant had not shown any circumstance that prevented full presentation of that case within the ordinary written procedure, while expressly reserving the admissibility and timeliness of the equivalence arguments to the panel. On the parties' joint request it ordered a further written exchange on the substantive law applicable to the alleged acts of infringement, set the values of both actions, and confirmed an in-person oral hearing on 20 October 2026 at which validity and infringement will be heard together.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_377/2025