UPC-Court of First Instance: Substantive decision on direct Infringement arising from the supply of components

The patent in suit protects an enclosure for flower beds and lawns consisting of at least two sheet metal strips that can be connected to one another at their ends, which are folded over at least along their upper longitudinal edges and form connecting ends in the area of their ends, wherein one connecting end is shaped as a tongue. In the defendant’s view, the flower bed enclosures at issue do not feature a tongue as claimed; rather, the connecting ends are clearly set apart from the sheet metal strip; according to the patent, the connecting end must be identical to the tongue. The description of a tongue referred to by the defendant, according to which the tongue consists of the wall of the sheet metal strip, relates solely to a possible embodiment of the invention that has not been included in claim 1. If a patent-protected product consists of at least two identical, mutually compatible components which, according to their design as specified in the patent, are intended to be assembled into the patent-protected product without the addition of further objects, the mere sale of a single such component generally constitutes a direct patent infringement if the possibility of assembly is indicated or is otherwise obvious (LD Mannheim, 12.9.2025, CFI 338/2024).