PATENT | Local Division issues first UPC’s injunction on SEPs

On 13 September 2024, the Munich Local Division of the Unified Patent Court (‘UPC’) issued the first decision at UPC level on a standard essential patent which, in the case at issue, relates to an inductive wireless power transmitter (‘Patent’). The UPC local division found that the patent was valid and infringed – also taking into account the case law of the Court of Justice on intermediary liability and trademark infringement – and issued an injunction order excluding Germany, however, where parallel national infringement proceedings are pending, in order to avoid inconsistent decisions. No FRAND-based defences were raised.

Newsletter n. 100 – October 2024