Plant-e Knowledge BV & anor v Arkyne Technologies SL UPC_CFI_239/2023 (Brinkman, Granata, Walker
& Koke) – 22 November 2024
The Hague Local Division has handed down the first substantive
UPC judgment applying the doctrine of equivalents. The Hague LD
found that Plant-e's European Patent No. 2137782 was valid and
infringed by equivalence. Where there was no literal infringement
of the claims, the Hague LD considered infringement by
equivalence.
In assessing whether the variant is equivalent, the Hague LD
considered the following questions. First, does the variation solve
essentially the same problem and perform essentially the same
function as the patented invention (i.e., technical equivalence)?
Second, would extending the scope of protection of the claim to
cover the equivalent be proportionate and fair for the patentee?
Third, would the skilled person understand from the patent that the
scope of the invention is broader than what is claimed literally?
Fourth,
