Washtower IP B.V. and Washtower B.V. v. Wasombouw B.V. and Industriebeteiligungs- und Beratungs GmbH, et al., UPC Local Division The Hague, The Netherlands, 11 September 2025, Case no. UPC_CFI_479/2025
Infringement by equivalence – Plant-e v. Arkyne test applied by LD The Hague
Washtower initiated preliminary injunction proceedings against the defendants, alleging infringement of its patent concerning a washing machine cabinet. The defendants argued that the patent is invalid due to added matter and a lack of inventive step. They also argued that there was no infringement, as their L-shaped retaining member is made of plastic rather than metal, as required by the claim. Finally, they argued that the matter was not urgent.
Headnotes:
Application for preliminary measures granted regarding cabinets for washing machines. No added matter or lack of inventive step. No undue delay and application is necessary. Balance of interests.
Infringement by equivalence. Plastic strip equivalent to metal strip? Harmonised approach, inspired on the doctrines of equivalence applied across UPC Contracting Member States which all share a common foundation. A finding of equivalent patent infringement always requires that the variant performs essentially the same function as the element recited in the claim, with essentially the same result.
Also, the protection cannot extend to what is not new or inventive over the prior art. Similarly, legal certainty for third parties and a fair protection for the patentee usually return in the doctrines of equivalence in some way or form as developed in the case law of the UPC Contracting Member States.
In view of the above and in the absence of a decision by the Court of Appeal and given that both parties referred to this test without proposing or even debating an alternative, the Court sees no reason to deviate from the test it applied in Plant-e v. Arkyne.
A copy of the decision can be read here.
