As more decisions are issued from the UPC, Lucy Coe examines how two cases invoving Tesla shed light on the claim interpretation approach the court is taking. The following quote from the NanoString/10X Genomics apepal case forms the cornerstone of this approach: “The patent claim is not only the starting point, but the decisive basis for determining the scope of protection of a European patent. The interpretation of a patent claim does not depend solely on its exact wording in the linguistic sense…Rather, the description and the drawings must always be used as explanatory aids for the interpretation of the patent claim and not only to resolve any ambiguities in the patent claim”.
UPC Weekly from Mewburn Ellis This week Lucy Coe reviews two recent substantive UPC decisions each involving Tesla as defendant and Avago as patent proprietor - https://hubs.la/Q02NhkRB0 #UPCWeekly #MewburnUPCUpdate #MewburnUPC #UPC #UnifiedPatentCourt #litigation #UPCnugget
