SONN Patentanwälte – IP Attorneys

1. 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...

2. Limitation of claims and the assumption of validity

   In proceedings for preliminary injunctions claimants recently try to rely on amended claims which are - as opposed to the granted claims - limited based on a disclosure only included in the specification. Is such a limitation of the claims allowable and in the affirmative should in these...