LD Düsseldorf, October 22, 2026, Final Decision, UPC_CFI_52/2025, UPC_CFI_67/2025

1. Key takeaways

Criteria for assessment of equivalence

Like Panel 1 of the LD Düsseldorf (cf. UPC_CFI_807/2024, decision of May 27, 2026), Panel 2 of the LD Düsseldorf applies the assessment criteria for equivalence under patent law established by the LD The Hague (UPC_CFI_239/2023, decision of November 22, 2024; UPC_CFI_479/2025, order of September 11, 2025), as, pursuant to Panel 2, these criteria form a coherent framework and, as such, are suitable for the assessment of equivalence.

A variation is equivalent to a feature specified in the claim if the following four questions are answered in the affirmative:

1. Technical equivalence: Does the variation solve (substantially) the same problem as the patented invention and, in that context, perform (substantially) the same function? This is to be assessed from an objective perspective