2025-04-24 - LD Paris - Seoul Viosys v. Laser Components et al. - UPC_CFI_440/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Paris Local Division, sitting as a full panel, found a French distributor liable for direct infringement of a UV LED patent and granted the full merits remedy set, but confined every measure to French territory. On evidence it held that a laboratory report commissioned by the claimant is a means of evidence under R. 170.1(b) RoP and carries the probative force of a private expert opinion; criticism directed at the interpretation of results, at the questions put to the laboratory or at annotations added to the images does not displace that force, and an allegation that images were manipulated must be made out. On construction it read 'contact electrode' broadly as an electrode in contact rather than one making an ohmic contact, because the ohmic requirement appears only in one embodiment and not in the claim. On liability it held that Art. 25 UPCA requires no prior knowledge of the patent and no warning letter: proof that the defendant is an economic operator carrying out a listed act suffices. On territory it held that, although BSH Hausgeräte makes a claim over acts in a third state admissible, the claimant still bears the burden under R. 13.1(m) and R. 171.1 RoP of pleading precise facts, and evidence of a single delivery into France against a group with sectorised national sales areas proves nothing about Germany, the Netherlands or the United Kingdom.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_440/2023