LD Düsseldorf, January 29, 2026, Decision, UPC_CFI_571/2024

In bifurcated cases, a Local Division is bound by a Central Division's decision amending patent claims, which then forms the basis for its infringement analysis

In a bifurcated setup, the Local Division hearing infringement cannot ignore amendments made by the Central Division in parallel revocation proceedings. Once the Milan Central Division amended EP 3 756 767 B1 in accordance with auxiliary request 3, only claim 1 (instrument) and claim 2 (method) remained, and the "sample unit" became a structural element of the "device". The Düsseldorf Local Division expressly stated it was "bound to this new wording of the claims" and conducted its entire infringement analysis on that amended text. This underscores that, in bifurcated UPC cases, validity and claim text are centrally fixed and binding downstream.