Pushing Towards Harmony: Düsseldorf Rolls With Dutch Test On Equivalence

In a decision issued on 27 May 2026, the Düsseldorf Local Division of the Unified Patent Court dismissed both an infringement claim and a revocation counterclaim in Wonderland Nurserygoods v Cybex (UPC_CFI_807/2024; UPC_CFI_334/2025). The case concerned European patent EP 1 905 615, covering a swivel locking device for stroller wheels, with Wonderland suing Cybex group companies over a range of branded pushchairs.

While the dispute arose in the context of strollers, the judgment is notable for its treatment of infringement by equivalence. In particular, the Düsseldorf division expressly addressed the lack of settled guidance from the UPC Court of Appeal on the principles to be used when assessing infringement by equivalence and instead turned to existing first‑instance case law. The Division went on to note that, although earlier UPC decisions had often avoided a full equivalence analysis, the Local Division in The Hague had articulated a structured four-step test, covering technical