Hurom Co., Ltd. v. NUC Electronics Co., Ltd, NUC Electronics Europe GmbH and WARMCOOK, UPC Court of Appeal, 28 August 2026, Case no. UPC-CoA-678/2025
Application to amend the patent; claim construction; scope of protection; international jurisdiction; territorial scope; preliminary objection.
HEADNOTE
(i) The review of the admissibility of an Application to amend a patent under R. 30.1 RoP shall be limited to the assessment as to whether the applicant to the amendment has actually filed an explanation regarding the requirements of Art. 84 and 123(2), (3) EPC, and not whether said explanation is sufficiently convincing in view of the assessment of the validity of the patent in its amended form, which remains to be decided when assessing said validity on the merits rather than when assessing the admissibility of such an Application.
(ii) As a general rule, in case of claim amendments, the entire patent description which remains unamended may be used as explanatory aid for the interpretation of a patent claim.
(iii) It is for the party relying on facts to prove those facts and to provide evidence that the disputed acts would amount to acts of infringement under the applicable law when assessing whether the part of a European patent outside the territories of UPCA Contracting Member States is likely infringed.
A copy of the Decision can be read here.
