LD Munich, August 27, 2024, Order On Provisional Measures, UPC_CFI_74/2024

1. Key takeaways

Direct infringement of a device claim

• In certain cases, there could be a direct infringement of a device claim if the patent infringer appropriates the actions of its customer in the sense of an "extended workbench" (in German: "verlängerte Werkbank") and it would be unreasonable to hold the infringer liable only for indirect patent infringement.
• Due to the risk that the boundaries between the legal consequences of direct and indirect infringement are blurred, direct infringement of a device claim can only be assumed if a specifically outlined completion of the patent-compliant device can be expected with "certainty".
• This is the case, for example, if a kit for assembly into a complete device is supplied by the customer including assembly instructions and the complete device does not function if it is assembled in a different way.