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ARTICLE · 07 NOVEMBER 2025

Doubling Up On Added Matter At The UPC

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Following the UPC Court of Appeal (CoA) decision in Abbott v Sibio (APL_39664/2024, 14 February 2025) we now have a second CoA decision on added matter in expert Klein v Seoul Viosys...

United KingdomIntellectual Property
Scott Fletcher
Scott Fletcher
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Following the UPC Court of Appeal (CoA) decision in Abbott v Sibio (APL_39664/2024, 14 February 2025) we now have a second CoA decision on added matter in expert Klein v Seoul Viosys (UPC_CoA_764/2024 & UPC_CoA_774/2024, 2 October 2025).

expert Klein v Seoul Viosys is notable as the first judgment on added matter by the CoA on a substantive infringement/validity appeal.

Note – HGF Partner Bernhard Ganahl represented expert Klein together with Dr. Dirk Jestaedt of KRIEGER MES.

Both decisions are from the same CoA Panel (same three Legally Qualified Judges, different Technically Qualified Judges), and both decisions overturn the Court of First Instance (CFI) on added matter.

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