LD Düsseldorf, April 16, 2026, Decision, UPC_CFI_779/2024

1. Key takeaways

For the objective elements of indirect infringement, it is not necessary that both components of the patent claim do exist (Art. 26 UPCA).

Where a patent claim protects a two-component product, the objective elements of indirect infringement are satisfied if the accused component is designed to cooperate with a second component configured in accordance with the invention. Whether such a second component actually exists, only becomes relevant at the level of the subjective requirements for indirect infringement.

All features mentioned in a patent claim generally are essential elements of the invention in the context of indirect infringement under Art. 26 UPCA.

It is irrelevant whether the features appear in the preamble or the characterizing portion, or whether they distinguish the invention from the prior art.