UPC_CFI_100/2024

Decisions and documents (1)

• 2026-01-15procedural

  Counterdefendant:

  Ekahau Oy

  Claimant:

  Ona Patents SL

  Defendants:

  Google Commerce Limited; Google Ireland Limited

  1. The Rules of Procedure show that in constellations where a claimant wants to obtain a decision to remove the effects of a granted patent (be it the validity of the patent or the declaration that a specific act does not constitute an infringement) the law priori- tizes the registration over the entitlement. Ratio legis is the legal certainty for the claimant. It does not have the burden to “search” the entitled proprietor. 2. If a product consists of different components, the alleged infringing product must show every claimed component. Cases where only certain features of a product are infringed may be examples for an indirect infringement (Art. 26 UPCA), but not for direct in- fringement (Art. 25 UPCA). Keywords: Register, proprietor, Rule 25 RoP, Rule 42 RoP, Rule 8.6 RoP; direct infringement, indirect infringement

  Judge: Thomas🔒 Unlock Official PDF