1. Key takeaways
Advertising materials are not covered by Art. 64(2)(e) UPCA and therefore cannot be ordered destroyed
The Court granted destruction of infringing products, but expressly excluded advertising materials. It held that Art. 64(2)(e) UPCA covers products and the materials and equipment relevant to their production, not mere promotional materials depicting the products. The Court also refused publication of the decision, awarded only the fixed court fee as provisional damages because no substantiated damages calculation had been provided, and rejected the request to make enforcement conditional on security.
2. Division
Düsseldorf Local Division
3. UPC number
UPC_CFI_519/2024
UPC_CFI_64/2025
4. Type of proceedings
Infringement action and counterclaim for revocation
5. Parties
Claimant:
CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG.
Defendant:
ALPINA Coffee Systems GmbH.
6. Patent(s)
EP 3 398 487 B1
7. Body of legislation / Rules
Art. 64(2)(e) UPCA
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