CUP&CINO Kaffeesystem-Vertrieb v ALPINA Coffee Systems (CFI, UPC_CFI_52/2025, 28 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 28 April 2026, issued in German in the joined proceedings UPC_CFI_52/2025 and UPC_CFI_67/2025, the presiding judge, acting as judge-rapporteur of the Düsseldorf Local Division, after the close of the written procedure, directed CUP&CINO, claimant in the infringement action on EP 3 610 762, and ALPINA Coffee Systems, which brought the counterclaim for revocation, to restructure their pleadings on infringement, validity and auxiliary requests to a tight timetable. The order is useful as a guide to how pleadings should be presented before this division, particularly on the burden of argument for inventive step.

Question

How must the parties present their case on construction, validity and auxiliary requests to allow an orderly decision?

Decision

Relying on Rule 332 RoP, the judge observed that the request based on equivalence appeared too vague (section I) and required a consistent construction of the patent for infringement and validity, identifying the disputed features and explaining how the attacked embodiment works (section II). The defendant bears the initial burden of establishing invalidity: reproducing a figure, listing its reference numerals and asserting that all but one feature are shown does not substantiate an inventive step attack, and the defendant may confine itself to its strongest attacks (section III). Auxiliary requests must show the added features and their basis, preferably in tracked changes (section IV). The restructured submissions are due between 15 May and 19 June 2026 (sections VI and VII).

Key points for practice

• An inventive step attack must be argued feature by feature, not by mere reference to a figure (section III).
• Auxiliary requests are best presented in tracked changes, with the basis for each amendment (section IV).

Provisions applied

Rules of Procedure

Rule 332

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.