2025-04-30 - LD Hamburg - AGFA v. Guccio Gucci - UPC_CFI_278/2023
- Aktenzeichen:
- UPC_CFI_278/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Proceeding Decision
- Parteien:
- AGFA NV v. Guccio Gucci S.p.A.
Kernaussage: The Hamburg LD dismissed both the infringement action and the counterclaim for revocation.
2025-04-30 - LD Hamburg - AGFA
v.
Guccio Gucci - UPC_CFI_278/2023
notable
The Hamburg LD dismissed both the infringement action and the counterclaim for revocation. The patent (decorating leather with an achromatic base coat and inkjet printing) was valid but not infringed: all attacked Pikarar products had ivory base coats, which are chromatic, not achromatic under the patent's own definition. The court established that the own lexicon principle is limited to description parts related to the feature in question, and that description passages inconsistent with granted claims cannot broaden the claim scope. The court also held that a revocation counterclaim may attack all patent claims including those unasserted in the infringement action, and rejected late inventive step attacks raised at oral hearing.
Nichtigkeitsgründe
Art. 138 EPCNovelty
Patent survived (this ground)Art. 54 EPC · Art. 138(1)(a) EPC
“Novelty attacks on claims 1, 10, 15 based on HLAR 7, 8, 9 and Flora products all rejected.”
Inventive Step
Patent survived (this ground)Art. 56 EPC · Art. 138(1)(a) EPC
“IS attacks on claim 10 based on HLAR 9 rejected. Late IS attacks against claim 1 at oral hearing dismissed as R. 263 amendments.”