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UPC – Philips v. Belkin / First SEP injunction

16 Sep 2024

Koninklijke Philips N.V. v. Belkin GmbH, Belkin Limited, Belkin International, Inc., UPC Court of First Instance – Munich (DE) Local Division, 13 September 2024, Case no. UPC_CFI_390/2023

* Update: now with an English machine translation *

The UPC Court website just published the first UPC SEP injunction.

Philips prevailed over Belkin in a case about chargers for wireless charging of electronic devices. The decision was rendered by the Munich Local Division

Headnotes:

1. The subject-matter of the invention as derived from the description and drawings is protected only if it is so expressed in the language of the claims.

2. If several embodiments are presented in the description as being in accordance with the claimed invention, the terms used in the patent claim shall, in case of doubt, be understood in such a way that all embodiments fall under the claim construction.

3. A patent infringer under the UPCA is a person who acts as a manufacturer or supplier, or who appears to the relevant trade to be such a person, and who manufactures and/or sells the goods in his own name and for his own account.

4. If a company infringes a patent, the issuance of an order pursuant to Art. 63(1), 2nd sentence, UPCA (order against intermediaries) may be considered with regard to the organs that company.

The decision (in German) can be read here.
An English machine translation of the decision can be read here.

[Further summary follows]