Extractor: pypdf | Pages: 42
Local Division Munich UPC_CFI_171/2025 Decision of the Court of First Instance of the Unified Patent Court issued on 11 February 2026 Headnotes: 1. If a final decision on an infringement action has already been taken, for a second (consecutive) infringement action with respect to the same patent and between the same parties the question arises whether the subject -matter of this dispute is identical to that of the first action (res judicata). Since the subject-matter is determined essentially by the contested embodiment , the identity of the subject-matter is overcome if the contested embodiment changed and therefore new facts are given for the second action. 2. Where a CE -marking is a mandatory requirement for the sale of products in the European Union, compan ies issuing the respective ...