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Vertrouwelijk UPC_CFI_239/2023 App_549536/2023 CC_588768/2023 DECISION ON THE MERITS of the Court of First Instance of the Unified Patent Court Local Division The Hague delivered on 22 November 2024 concerning EP2137782 Headnotes: 1. The patent is valid and infringed by equivalence. 2. The scope of protection in the c ase of infringement is assessed in two steps, applying Art. 69 EPC and the Protocol. The first step evaluates ‘literal’ infringement of the features of the patent in view of the claim construction is evaluated. In a second step, if the patent is not judged to have been literally infringed, equivalence is assessed. 3. The test applied to the assessment of infringement by equivalence is based on the case law in various national jurisdictions, as proposed by both parties in this ...