Alpina Coffee Systems GmbH v. CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG, UPC Court of First Instance, Düsseldorf (DE) Local Division, 22 October 2026, Case no. UPC_CFI_68/2025
Headnotes
1. The claims introduced for the first time during the interim proceedings in the infringement action, based on the scope of the patent in dispute within the framework of the auxiliary
requests and the related submission of facts, are not admissible.
2. Where dependent claims or amended claim formulations form the subject-matter of auxiliary requests, it must be possible to amend the infringement action accordingly. However, the Claimant must make use of this option at the same time as introducing amendments to the patent at issue.
3. Unless the Claimant submits a substantiated argument that, in the case of multiple crossreferences, it wishes to defend all cross-referenced claims in combination, the examination
of the validity of the patent at dispute is based solely on the main claim. Unless it is substantiated which specific combinations of claims are considered to be valid, the validity assessment in the case of multiple cross-references shall cover all combinations covered by
the wording of the dependent claim. If a single one of the combinations covered proves to be invalid, the dependent claim as a whole is invalid.
A copy of the Decision (in German) can be read here.
