Brita SE v. Wessper Sp. z o.o., UPC CFI Düsseldorf Local Division, Case no. UPC_CFI_779/2024
Indirect infringement / exhaustion
1. If a patent claim protects a product consisting of two components, the existence of the other component is not a prerequisite for the objective elements of indirect infringement arising from the offering and distribution of one of the components. This only becomes relevant in relation to the subjective requirements for indirect infringement. For the objective elements, the sole decisive factor is whether the component in question is designed in such a way that it can interact with a second component designed in accordance with the invention, as intended by the patent.
2. The decisive point of reference for assessing exhaustion, and thus whether the technical effects of the invention are reflected in a wear part, is the asserted claim. If a combination of a main claim and one or more sub-claims is asserted, the technical teaching of the combined claims must be taken as the basis and examined to see if the technical effect of the combined teaching is present in the wear part. This does not have to be the same technical effect that constitutes the invention according to the main claim.
