Franz Kaldewei v Bette (UPC_CFI_7/2023)

• This was the first decision on the merits from the UPC. Franz Kaldewei's patent (after auxiliary request) was held to be valid and infringed. As such, the first permanent injunction was granted by the UPC.
• The Düsseldorf LD ordered disclosure of information on the extent of infringement, recall and removal of the infringing products, payment in respect of costs and provisional damages.
• The court took an EPO-style approach to claim construction, following the Court of Appeal's decision in 10x Genomics v Nanostring.
• Bette raised a defence of right of prior use but this was rejected. Article 28 UPCA is to be interpreted narrowly:  the defendant must prove a right of prior use for each member state where the defence is claimed.

This analysis is based on a machine translation of a decision not available in English.