Heraeus Electronics GmbH & Co. KG v.Vibrantz GmbH
Munich (DE) Local Division · UPC-000303
This case concerns European Patent No. 3 215 288 B1, relating to metal sintering preparations, which is in force in Germany, France, Italy, and Romania. Heraeus Electronics GmbH & Co. KG filed an infringement action against Vibrantz GmbH, while Vibrantz filed a counterclaim for revocation along with applications for patent amendment and a decision on an absolute procedural bar. The Local Chamber Munich addressed the binding effect of a final national revocation judgment under Art. 24.1(e) of the Agreement on a Unified Patent Court, holding that in the absence of specific UPCA regulations, national law governs this question, and also examined private prior use rights in Germany, France, Italy, and Romania.