Kuvings Secures Non-Infringement Ruling for AUTO10 from UPC Court of Appeal, Lifting Europe-Wide Sales Ban
• The Unified Patent Court (UPC) Court of Appeal overturns first-instance ruling and reaches a final decision of “non-infringement”
• “Cross-border injunction” across major European countries including Germany fully lifted
• Reaffirms strict interpretation standards for the technical requirements of patent claim
As a result of this ruling, the cross-border injunction previously applied across several key European markets — including Germany, Denmark, France, Italy, and the Netherlands — has been lifted. Kuvings can therefore continue to distribute and sell the AUTO10 across these markets.
The case concerned the alleged infringement of European patent EP 2 028 981. In the first instance, the UPC Local Division Mannheim had found infringement by Kuvings’ European subsidiary and its distribution partner and ordered a prohibition on sales.
On appeal, the Court adopted a stricter interpretation of the patent claims. It held that the patent is limited to a technical configuration involving specific fixed structural components and that the AUTO10 does not meet these structural requirements.
The Court further clarified that similarity in function or outcome alone is not sufficient to establish patent infringement. Instead, infringement must be assessed strictly based on whether the specific technical features defined in the patent claims are present. This confirms a structural, claim-based approach to patent interpretation.
In addition, the Court reaffirmed the limits of UPC jurisdiction. It upheld that non-UPC member states, such as Turkey, fall outside the Court’s jurisdiction and dismissed the related appeal. This confirms that the UPC’s authority is confined to its member states.
Coverage by specialized legal media, including JUVE Patent and MLex, highlighted that the Court of Appeal overturned the earlier infringement finding and set aside the cross-border injunction, while applying a more rigorous standard in interpreting the scope of the patent.
A Kuvings representative commented: “This decision provides important clarity on the key issues under dispute. We will continue to deliver our products and technology to consumers across Europe.”
*Law Firm: Preu Bohlig & Partners
*Attorneys: Christian Kau, Martin Momtschilow, Axel Oldekop
*Case IDs: UPC_CoA_409/2025, UPC_CoA_410/2025, UPC_CoA_420/2025
*Media Contact
Esther Imai
Team Lead, Online Marketing | Kuvings Deutschland
E-mail: esthernoh@nuc.co.kr, info@kuvings.de
Kuvings Marketing
Kuvings
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