Evac v Shanghai VacDrain Vaccuum Drainage Equipment (CFI, 22 June 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 22 June 2026 (UPC_CFI_811/2024), the Düsseldorf Local Division holds partly well-founded Evac Oy’s infringement action, based on two patents for vacuum sewer systems (EP 1 840 282 and EP 1 813 734), against the Chinese manufacturer Shanghai VacDrain, its German affiliate VD Solutions and their shareholder, Mr Yong Cao (paragraph 70). The division finds literal infringement of the first patent by the manufacturer’s valves and indirect infringement of the second by its buffer devices, personal liability of the shareholder as joint tortfeasor and no liability of the German affiliate (paragraphs 71, 89 to 121 and 137 to 166). The decision is of practical interest on three points: application of the UPCA to acts begun before 1 June 2023 and continued afterwards, liability of a director actively involved in sales and the five-year limitation period of Art. 72 UPCA, which does not apply to injunctions (paragraphs 171 to 173). It also holds that replacing a wear part that embodies the invention is not covered by exhaustion (paragraph 164).

Facts and procedure

Evac Oy based its action on test purchases made in China and Germany in 2021. An opt-out had been filed for both patents on 9 June 2023 and withdrawn on 14 December 2023. Some of the original defendants left the proceedings by an order of 2 May 2025 following a settlement. The German affiliate raised a preliminary objection under Rule 19 RoP. The oral hearing took place on 19 May 2026.

The applicable law

Jurisdiction rests on Arts 4(1) and 7(2) of Regulation 1215/2012, read with Art. 71b, and on Art. 33(1)(b) UPCA (paragraphs 61 to 66). The affiliate’s objection is rejected and jurisdiction is deemed accepted by the other defendants (Rule 19.7 RoP). Following the Mannheim Local Division (Hurom v NUC), the division applies the substantive law of the UPCA to acts begun before 1 June 2023 and continued afterwards, continuation being assessed on a normative basis (paragraphs 73 and 74). A sale in Germany after that date, admitted at the hearing, suffices (paragraph 75).

Question

Do the Chinese manufacturer’s valves and buffer devices infringe the patents, and which defendants are liable, having regard in particular to the test purchases, the shareholder’s role and the later incorporation of the German affiliate?

Decision

Claim 1 of the first patent is literally reproduced by the valves (paragraphs 89 to 105). The manufacturer placed the products on the market and imported them into Germany. A test purchase does not amount to the proprietor’s consent (paragraphs 106 and 107). The shareholder, who signed the invoices for the test purchases and was involved in operations in 2021, is liable as a joint tortfeasor, his position as director not being sufficient in itself (paragraphs 111 to 113). The German affiliate, incorporated in 2023, committed no act of its own. Neither the alleged de facto succession nor the shared features (name, shareholding, trade fair presence) establish a risk of first infringement (paragraphs 114 to 121).

As regards the second patent, indirect infringement is established: the buffer devices have all the features of the claimed means, relate to an essential element of the invention and are supplied to Germany for fitting into systems compliant with ISO 15749-3 (paragraphs 137 to 157). Replacing them, since the invention lies in that very part, amounts to remaking the protected system and is not covered by exhaustion, even if the buffer is a wear part (paragraphs 158 to 165). Consent, limitation and laches are rejected (paragraphs 170 to 186 and 204 to 207). The order dismisses the preliminary objection and grants against the manufacturer and the shareholder an injunction, information within thirty days, recall, removal and destruction of the valves, penalty payments of at least EUR 1,000 per product and EUR 500 per day, and a declaration of liability for damages. It refuses the unsubstantiated interim award of EUR 100,000 (paragraphs 198 to 200) and recall of the buffers, which are not the subject matter of the patent (paragraph 213). Costs are borne 30% by the claimant and 70% by the manufacturer and the shareholder, the value in dispute being EUR 1,000,000 (paragraph 218).

Key points for practice

• An act begun before 1 June 2023 falls under the UPCA if it continued after that date, which is assessed on the facts (paragraphs 73 to 75).
• A director personally involved in the infringing sales is liable as a joint tortfeasor (paragraphs 112 and 113).
• The five-year limitation period of Art. 72 UPCA applies to financial claims and to the information claims preparing them, not to an injunction, which looks to the future (paragraphs 172, 173 and 189).
• Practical point: suing a sister company incorporated after the facts requires acts of its own or a de facto succession proven with certainty (paragraphs 115 to 121).

Provisions applied

Agreement on a Unified Patent Court

Arts 24, 25(a), 26, 29, 31, 32, 33(1), 63, 64, 67, 68, 69 and 72

Rules of Procedure

Rules 9.2, 19, 118 and 119

Regulation (EU) No 1215/2012

Arts 4, 7(2), 71a and 71b

Case law cited

Hurom v NUC, Mannheim Local Division, 11 March 2025 (UPC_CFI_162/2024), NUC v Hurom, Court of Appeal, 27 March 2026, Barco v Yealink, Court of Appeal, 28 November 2025, YelloSphere v Knaus Tabbert, Düsseldorf Local Division, 10 April 2025 (UPC_CFI_50/2024), Belkin v Philips, Court of Appeal, 3 October 2025, Boehringer Ingelheim v Zentiva, Court of Appeal, 13 August 2025, Novartis v Celltrion, Düsseldorf Local Division, 6 September 2024, ONWARD v Niche, Court of Appeal, 27 March 2026, BRITA v Aquashield, Munich Local Division, 22 August 2025, M-A-S v Altech, Düsseldorf Local Division, 10 December 2025, Brita v Wessper, Düsseldorf Local Division, 16 April 2026, Quantificare v Canfield, Düsseldorf Local Division, 23 April 2026

Related decisions

• Evac Oy, 2 May 2025, earlier order in the same proceedings.

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.