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1 Düsseldorf Local Division UPC_CFI_758/2024 UPC_CFI_259/2025 Decision of the Court of First Instance of the Unified Patent Court delivered on 10 June 2026 concerning EP 2 352 431 B1 Headnote: The claimant’s legitimate interest in the publication of a decision (Art. 80 UPCA) may, depending on the circumstances of the individual case, follow from the fact that the defendant has marketed the attacked embodiment by explicitly referencing to the key technology protected by the patent. Keywords: spatially and physically defined feature; inferior embodiment; Art. 28 UPCA; private prior use right; positive right of use; Art. 64 UPCA; recall; removal; channels of commerce; depriving of infringing property; software-based modification; proportionality; interests of third parties; patients; joint an ...