2026-02-19 - LD Vienna - Sabert Corporation Europe v. Messerle - UPC_CFI_375/2025
- Aktenzeichen:
- UPC_CFI_375/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Vienna (AT) Local Division
- Art:
- Decision
- Parteien:
- Sabert Corporation Europe S.A. v. Messerle GmbH
Kernaussage: The Vienna LD dismissed both Messerle's infringement action and Sabert's revocation counterclaim regarding EP 3 705 415 (food packaging with cardboard tray and lid).
2026-02-19 - LD Vienna - Sabert Corporation Europe
v.
Messerle - UPC_CFI_375/2025
notable
The Vienna LD dismissed both Messerle's infringement action and Sabert's revocation counterclaim regarding EP 3 705 415 (food packaging with cardboard tray and lid). The court interpreted the German term 'Knick' as requiring a visible sharp crease, not a gradual bend, which the Tray2Go product did not have. On validity, the court upheld the patent: D4 (a commercial brochure) was the only admissible prior art — physical product samples and Ebay evidence (Enclosures J, M, N, O, P) were excluded as late-filed. The court established that a commercial brochure is a stand-alone piece of prior art; obtaining the physical product cannot establish the brochure's disclosure content. D4 failed to disclose features on at least two side walls. Inventive step was upheld as no pointer existed to modify D4 toward the claimed solution.
Nichtigkeitsgründe
Art. 138 EPCNovelty
Patent survived (this ground)Art. 54 EPC · Art. 138(1)(a) EPC
“Novelty upheld over D4 (Solut! commercial brochure). D4 did not disclose features 6, 8 on at least two side walls — only one side visible. Physical product samples (Enc. J) excluded as late-filed. Prior public use insufficiently proven. [39-72]”
Inventive Step
Patent survived (this ground)Art. 56 EPC · Art. 138(1)(a) EPC
“Inventive step upheld. D4 as realistic starting point but no pointer to modify toward claimed solution (features 6 and 8/9). D5 not a realistic starting point — no lid, paper not cardboard. [73-102]”