Grünecker turns the tide and succeeds before the UPC’s Court of Appeal.
In proceedings for client Rematec GmbH & Co KG, represented by UPC representatives Felix Kahr (patent attorney), Dr. Ulrich Blumenröder and Dr. Nicola Busch (attorneys-at-law) of Grünecker, the UPC Court of Appeal sets aside the decision of the Court of First Instance. The first instance decision revoked patent EP2548648B1 in full, but the UPC Court of Appeal instead now rejects the counterclaim and finds for infringement of the patent.
In interpreting the claims for assessing patentability, the Court of Appeal also notably refers to the EPO’s Enlarged Board of Appeal decision G1/24 and considers not only the patent’s description but also the content of prior art documents cited in the patent’s description.