UPC-Court of First Instance: Substantive decision on an equivalent infringement

The patent in suit protects a piece of furniture designed to accommodate washing machines, in which a retaining element for a support panel is provided, consisting of an L-shaped metal strip. In the pieces of furniture at issue, the retaining elements are made of plastic. The Hague Local Division examines — as it did in the decision CFI_239/2023, Plant-e v. Arkyne — patent equivalence using a four-step test: (i) Technical equivalence: Does the deviation essentially solve the same problem as the patented invention and, in the same context, essentially perform the same function? (ii) Adequate protection for the patent holder: Is extending claim protection to the equivalent proportionate to fair protection for the patent holder? (iii) Legal certainty for third parties: Can a person skilled in the art infer from the patent that the scope of protection of the invention extends beyond the literal claim? (iv) Novelty and inventive step: Is the allegedly infringing product novel and inventive relative to the prior art? The Hague Local Division recognizes that the embodiment of an L-shaped retaining element made of plastic is equivalent to a metal retaining element, provided that the technical effect is retained. The application for a preliminary injunction is granted (LD Den Haag, 11.9.2025, CFI 479/2025).