UPC Local Division: Substantive Decision: Effect of Limitation, Infringement in a Third Country

The unconditional amendment of the Unitary Patent in the counterclaim proceedings has retroactive effect to the date of grant. However, the infringement of the national part of a European patent in a state that is not a member of the UPCA (here: Switzerland) is to be assessed on the basis of the patent as originally granted. However, since the Unitary Patent was limited in the present case, there was a non-negligible risk that the national part would be declared invalid by the national courts, which is why the infringement action regarding the Swiss part had to be dismissed (LD Paris 16.1.2026, CFI 702/2024, CFI 369/2025).