Düsseldorf Local Division UPC Decision on Patent Infringement

This document is a technical report detailing the Düsseldorf Local Division's decision regarding a patent infringement case involving Franz Kaldewei GmbH & Co. KG and Bette GmbH & Co. KG. The case centers on the patent EP 3 375 337 B1, which pertains to a sanitation bath tub device. The claimant sought an injunction against the defendant for the sale of specific shower trays and minimum tray carriers in seven UPC member states, excluding Germany. The defendant counterclaimed for the revocation of the patent, arguing lack of novelty and inventive step. The court's decision, issued on July 3, 2024, confirmed the validity of claims 2 and 3 while deeming claim 1 non-inventive. The court ruled that the defendant infringed the patent and could not establish a prior use right in the jurisdictions concerned. Consequently, the court granted an injunction and ordered the defendant to provide information for damage assessment, while also addressing the plaintiff's request for disclosure of documents.