2024-08-30 - LD Munich - Avago Technologies v. Tesla - UPC_CFI_52/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: Munich Local Division (full panel, Zigann presiding) revoked EP 1 838 002 for the German territory in Avago's infringement action against Tesla's in-cabin radar (Tesla Model Y, AWR6843 chip). Applying the claim-construction framework set by the CoA in UPC_CoA_335/2023 (NanoString/10x Genomics) — Art. 69 EPC plus the Protocol — the panel construed claim 1 to require that 'normalized complex signal', 'offset information' and 'transmit property information' all be cumulatively produced as the result of converting the outbound data, with the offset/transmit-property information necessarily standing in direct relation to the normalisation step. So construed, claim 1 was anticipated by D3 (WO 2007/010091 A1, Murtojärvi) under Art. 54(3) EPC: D3's multimode transmitter (Figs 3, 6, 8, 10) discloses a programmable hybrid transmitter operable in both first and second modes with the same architecture (Cartesian-to-Polar-to-Cartesian conversion blocks) and produces an FM I/Q signal whose phase information serves as offset information and whose AM information controls the power-amplifier gain as transmit-property information. Auxiliary requests under Rule 30 RoP were rejected as merely clarifying the original construction without further limitation; admissibility/timeliness of the auxiliary requests therefore did not need to be decided. Method claim 7 fell with claim 1; dependent claims defended only via the independence of claims 1 and 7 also fell. The infringement claim was dismissed as moot; standing (Aktivlegitimation) likewise did not need to be addressed.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_52/2023