Hurom v NUC Electronics Europe (CFI, ORD_11865/2025, 11 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a decision of 11 March 2025 (UPC_CFI_159/2024), the Mannheim Local Division ruled on Hurom’s infringement action (EP 2 028 981, juice extractor) against NUC Electronics Europe and WARMCOOK concerning the « AUTO10 » juicer sold under the Kuvings brand. It held that the device implements every feature of claim 1 and set out a framework for the substantive law applicable to acts before and after 1 June 2023. It granted an injunction for Germany, Denmark, France, Italy and the Netherlands, backed by a penalty of EUR 2,000 per unit, together with corrective measures and information, and held that Art. 34 UPCA does not extend remedies to other States merely because acts were established in one State.

Facts and procedure

Hurom has been registered as proprietor of the Danish and German parts since 18 September 2019 and of the Dutch part since 30 March 2020. After the hearing of 28 January 2025, and following the CJEU’s BSH Hausgeräte judgment of 25 February 2025, the panel separated by order of the same day the requests concerning Poland, Spain, Turkey and the United Kingdom (paragraphs 7 and 45). A parallel action is pending against NUC Electronics Co. (UPC_CFI_162/2024). No counterclaim for revocation was filed (paragraph 87).

The applicable law

The division distinguished jurisdiction from substantive law. It had international jurisdiction over defendants established in Germany and France, and Art. 3(c) UPCA founds jurisdiction over acts before 1 June 2023, WARMCOOK’s objection was late (paragraphs 44 to 47). On the merits, Arts 25 to 28 UPCA apply to acts after the Agreement’s entry into force, for classic European patents as well as unitary patents, in view of the aim of harmonisation, Arts 29 and 34 UPCA, the drafting history and Art. 149a EPC, the contrary view, held notably by the OLG Karlsruhe, was rejected (paragraphs 90 to 94). Earlier acts are governed by national law, under the non-retroactivity rule in Art. 28 of the Vienna Convention (paragraphs 95 to 100).

Question

Which substantive law governs infringing acts that began before 1 June 2023 and continued afterwards, and does the AUTO10 implement claim 1?

Decision

Continuing acts that began before and continued after 1 June 2023 are in principle governed by the Agreement, though either party may rely, with substantiation, on more favourable national law (paragraphs 101 and 102). An injunction request need not name the specific model (paragraph 48). Ownership was established: the register entry has indicative value and the 2018 assignment was validly concluded, the defendants’ challenges being insufficiently specific (paragraphs 49 to 54). Claim 1 was construed broadly, without requiring a one-piece design or protection against vertical lifting (paragraphs 55 to 77), and the AUTO10 implements all of its features (paragraphs 78 to 86). The operative part does not limit information in time by reference to national law, its bounds being grant or publication and Art. 72 UPCA, and the amount of damages is left to proceedings under Rules 125 et seq. (paragraphs 103 and 104). Offering and selling in France and Germany were established. Importing, using and acts in Denmark, Italy and the Netherlands were taken as admitted for want of specific denial (Rule 171.2), and no test purchase is required (paragraphs 105 to 109). Art. 34 UPCA, a rule on jurisdiction, does not by itself extend remedies to other States (paragraph 107). The division declared that claim 1 was infringed (paragraph 111), enjoined importing only for the reserved purposes and refused to enjoin mere exporting (paragraph 112). Disproportionality is admitted only exceptionally and was not shown (paragraph 113). Entitlement to damages was recognised without any prior warning (paragraph 115), moral damages and an interim award of EUR 25,000 were refused (paragraphs 119 and 120). Information extends to the defendants’ own manufacturing, including outside UPC territory, and non-commercial customers may be disclosed to an auditor only (paragraphs 121 to 124). Destruction, recall from commercial customers and removal were ordered, the environmental objection being rejected, and publication was refused (paragraphs 125 to 130). An interim award of costs of EUR 56,000 was granted, no security was required, the defendants bear the costs and the value in dispute was set at EUR 675,000, 90% of EUR 750,000 (paragraphs 131 to 136).

Key points for practice

• Arts 25 to 28 UPCA govern infringement of classic European patents for acts after 1 June 2023.
• Earlier acts remain subject to national law. For continuing acts, the party relying on more favourable national law must establish it.
• A defendant denying acts in other States must do so specifically, for instance by stating that it checked its sales or blocked shipments (paragraph 108).
• Practical point: for long-running infringement, claims should be structured by period and, where relevant, the content of the national law relied on should be proved.

Provisions applied

Agreement on a Unified Patent Court

Arts 2, 3(c), 24, 25 to 28, 29, 31, 33, 34, 42, 63, 64, 67, 68, 69, 72, 80 and 82

Rules of Procedure

Rules 8.5(c), 13.1, 19, 19.7, 118.5, 118.8, 119, 125, 150.2, 171.2, 191 and 262A

European Patent Convention

Art. 2(2), Art. 64, Art. 142, Art. 149a

Directive 2004/48/EC

Arts 3(2) and 10

Regulation (EU) No 1215/2012

Arts 4(1), 7(2), 8(1), 26, 63 and 71b

Other provisions

Regulation (EU) No 1257/2012, recital 6 and Art. 6, Vienna Convention on the Law of Treaties, Art. 28

Case law cited

Fives ECL v REEL, Court of Appeal, 16 January 2025 (UPC_CoA_30/2024), Court of Appeal, UPC_CoA_188/2024, Court of Appeal, 14 February 2025 (UPC_CoA_382/2024), Hamburg Local Division, 4 June 2024 (UPC_CFI_54/2023), Panasonic v OPPO, Mannheim Local Division, 22 November 2024, Düsseldorf Local Division, 3 July 2024 (UPC_CFI_7/2023), Düsseldorf Local Division, 31 October 2024 (UPC_CFI_373/2023), CJEU, 25 February 2025, BSH Hausgeräte, C-339/22

Related decisions

• Hurom v WARMCOOK, Mannheim Local Division, 11 March 2025, order separating the national parts outside the Contracting Member States

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.