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ARTICLE · 30 JANUARY 2025

Steering To Success: Tesla's UPC Victory Over Broadcom

Dehns
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A recent decision at the Court of First Instance of the UPC shows the direction the UPC is moving in, with regards to claim interpretation and invalidity.

United KingdomIntellectual Property
Conor Wilman
Conor Wilman
Emily Dekker
Emily Dekker
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A recent decision at the Court of First Instance of the UPC shows the direction the UPC is moving in, with regards to claim interpretation and invalidity.

On 26 August 2024, the UPC Court of First Instance (Hamburg Local Division) issued their decision (UPC_CFI_54/2023) on the dispute between Broadcom/Avago and Tesla over EP 1 612 910. The patent was upheld in amended form, with Tesla not being found to infringe the amended patent.

This case involves a procedural difference with EPO Opposition procedure in terms of how auxiliary requests are handled. The patent was found to be partially valid based on an auxiliary request that was modified by the court in the decision. This outcome is not unusual at the EPO, but the way in which it happened here is a result of the UPC handing down its decisions in one go, rather than during the oral hearing.

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