UPC Local Division: Substantive Decision: Interpretation, Infringement

A patent infringement is not excluded by the fact that a device is normally operated in a non-infringing manner and that customers therefore regularly do not make use of the patented teaching, as long as the use of the patented teaching remains possible when using the device. In the case of a medical device, however, the possibility of irregular but patent-compliant use can only be regarded as a patent infringement if such use corresponds to professional practice and the recognised rules of medical science (LD Munich 13.1.2026, CFI 628/2024).