UPC_CFI_807/2024
- Wonderland Nurserygoods Co., Ltd.
- Cybex GmbH
- Cybex Retail GmbH
- Columbus Trading-Partners GmbH & Co. KG
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Decisions and documents (1)
- 2026-05-27procedural
- Claimant:
- Wonderland Nurserygoods Co., Ltd.
- Defendants:
- Columbus Trading-Partners GmbH & Co. KG; Cybex GmbH; Cybex Retail GmbH
dismissed
1. The criteria set out by the Local Division The Hague form a coherent whole and are, as such, suitable for examining patent infringement by equivalent means. The present case does not give rise to any grounds for applying a different standard. 2. In order to determine technical equivalence, the claimant must not focus solely on the objective task of the patent in suit. Instead, it must demonstrate the function of each exchanged feature in achieving this objective and explain why the variation essentially performs the same function. 3. In general, it is not obvious to a skilled person how to apply the equivalent element if a complete redesign of the claimed device is required.
Judge: Thomas
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