Executive Summary
This UPC decision between Avago Technologies and Tesla addresses critical procedural aspects of a complex infringement and revocation case concerning power control systems used in vehicles. The court clarified that initial delays due to CMS workflow usage are acceptable, providing flexibility early in the proceedings. Crucially, it affirmed the principle of partial revocation under Article 65(3) EPC, meaning claims can be invalidated selectively rather than requiring total patent destruction.
What the Court Held — Ratio Decidendi
The court ruled that failure to use CMS workflows does not violate procedural deadlines in the initial phase of UPC proceedings. Furthermore, it established that a patent can only be revoked insofar as the grounds for revocation are sufficient, allowing individual independent claims to survive even if others are invalidated.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Hamburg (DE) Local Division. Understanding the court's reasoning in Avago Technologies International Sales Pte. Limited vs Tesla Germany GmbH a.o. is valuable context for structuring arguments or assessing risk in similar proceedings.
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