LD Mannheim, June 6, 2025, Decision, UPC_CFI_471/2023

1. Key takeaways

No equivalent infringement without essentially the same effect

According to all doctrines of equivalence or equivalence tests of the UPC contracting member states, equivalent patent infringement is ruled out if there is no technical-functional equivalence of the substitute means in the sense that the modified means do not perform essentially the same function in order to achieve essentially the same effect. Insofar as the same function is not taken as a reference, at least essentially the same effect is taken as a reference (following the Local Division Brussels, Beslissing ten gronde of January 17, 2025, mn. 98).

No isolated revocation of dependent sub-claims