UPC: Determination of the Attacked Embodiment and Extension to Future Products

In this decision, the Local Chamber Munich clarifies the scope of injunction requests and the requirements for depicting infringing products. The "attacked embodiment" is generally determined based on the actual design of a specific product or process with respect to the features of the asserted patent claim as presented in the statement of claim. This may be a specific product defined, for example, by its product name, product description, or technical configuration. However, the attacked embodiment may also encompass all products that exhibit the technical features identified by the plaintiff and – from their perspective – realize the technical teaching of the patent claim. This also includes products unknown to the plaintiff and – in the case of an injunction request – future products, provided that they substantially correspond to the features of the product presented by the plaintiff in the statement of claim which they consider decisive for the patent infringement. In such cases, it is generally sufficient for the plaintiff to demonstrate the infringement using an example of the attacked embodiment. (LC Munich 11. 3. 2026, CFI 63/2024, CFI 449/2024)