UPC Local Division: Substantive Decision: Bifurcation, Binding Effect, Amended Claims

In separate proceedings in which the counterclaim for a declaration of invalidity was referred by the Local Division to the Central Division (bifurcation), the Local Division is bound by the new wording of the claims resulting from the amendment of the patent in suit by a decision of the Central Division. In such separate proceedings, the question of validity is irrelevant for the infringement action if the Local Division does not find infringement (LD Düsseldorf 28.1.2026, CFI 315/2024).