SONN Patentanwälte – IP Attorneys

UPC Local Division: Substantive Decision: Interpretation, Acts of Use, Injunction Order

A process claim drafted as a further independent claim and the corresponding description can only be relevant for determining the scope of protection of an independent product claim to the extent that there are indications in the patent specification that this also describes properties of the claimed product. An injunction order covering the act of manufacturing can also be issued if the infringing product has so far been manufactured by a third party outside the contracting member states (here: China), since the defendant is not entitled to manufacture in the contracting member states and suffers no disadvantage from the prohibition (LD Düsseldorf 5.12.2025, CFI 712/2025).