LD Duesseldorf, October 6, 2026, Decision, UPC_CFI_137/2025, UPC_CFI_512/2025

Under Rule 171(2) RoP, a defendant is not required to provide counter-measurements if the claimant’s initial measurements regarding a claim feature are inherently unconvincing and inconclusive

Where the claimant’s experimental data fails to isolate the alleged buffering effect from the geometry of multiple casing inlets, the proof remains inconclusive on its face. In such circumstances, the defendant’s general denial is sufficient, and no obligation arises under Rule 171(2) RoP to produce experimental counter-measurements.

Under Rule 13.1(i) RoP, the scope of an infringement action extends beyond the tested sample to all products embodying the asserted technical features