In proceedings UPC_CFI_50/2024, we successfully represented our client, an important research & development service provider in the field of camping vehicles, in combined patent infringement and nullity proceedings against Knaus Tabbert AG.
The subject matter of the proceedings was European Patent EP 3 356 109 B1, which relates to a new type of frame for vehicles. Our client had brought an action for patent infringement. Knaus Tabbert AG then filed a counterclaim for a declaration of nullity of the patent.
In its decision of 10 April 2025, the Chamber confirmed the infringement of the patent by Knaus Tabbert AG and dismissed the nullity counterclaim in its entirety as unfounded. The decision thus recognises both the scope of protection of the patent and its infringing use.
From a patent law perspective, the decision is also noteworthy because the Chamber commented on the interpretation of so-called product-by-process claims - a question of interpretation that has not yet been conclusively clarified by the Court of Appeal in the still recent case law of the UPC.
It was clarified that this category of claim does not focus on the manufacturing process as such, but on the technical properties of the product caused by the process. The decisive factor is therefore how the skilled person understands the information on the manufacturing process and what specific conclusions he draws from it about the nature of the product according to the invention. This interpretation strengthens the legal position of patent holders whose invention cannot be conclusively defined by structural features alone.
‘The judgement is a complete success for our client,’ explains Rüdiger Bals, Patent Attorney and Partner at our law firm. ‘It not only emphasises the validity of the property right but also the effectiveness of the Unified Patent Court in enforcing complex technical patents.’
The decision is not yet final. It remains to be seen whether Knaus Tabbert AG will appeal to the Court of Appeal of the UPC in Luxembourg.
On our client's side, the proceedings were largely conducted by a team consisting of our Patent Attorneys Rüdiger Bals and Kai Klein as well as Dr. Jestaedt from the law firm KRIEGER MES & GRAF v. der GROEBEN, who provided technical and strategic support for the infringement and nullity proceedings and together brought them to a successful conclusion.
JUVE Patent reported on Bals & Vogel's success before the UPC: https://www.juve-patent.com/cases/upc-rules-on-product-by-process-claims-in-knaus-tabbert-campervan-dispute/