2026-10-16 - LD Düsseldorf - Aesculap v. Shanghai Bojin Medical Instrument et al. - UPC_CFI_307/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Düsseldorf Local Division dismissed the claimant's application under R. 353 RoP to rectify its decision on the merits, which had made the orders concerning the UK part of the patent subject to a condition that the claimant wanted reworded from a condition precedent ('aufschiebende Bedingung') to a condition subsequent ('auflösende Bedingung'). The application was admissible, having been filed within one month of service. It failed on the merits because the passages correctly reflected the panel's intention and did not rest on a translation error. The panel noted that the Court of Appeal's formulation in Kodak v Fujifilm attaches the condition to the patent 'not' being held invalid, so a bare substitution of the term would invert the meaning, and that whether the decision's wording is correct is not a matter for rectification proceedings, which cover only clerical, arithmetical and obvious errors.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_307/2025