TRUMPF Laser- und Systemtechnik v IPG Laser (CFI, 16 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 16 March 2026 (UPC_CFI_733/2024 and UPC_CFI_255/2025), the Düsseldorf Local Division ruled on TRUMPF Laser- und Systemtechnik’s infringement action against IPG Laser concerning the ‘YLS-AMB’ fibre lasers, and on the counterclaim for revocation of claims 1 to 3 of EP 2 624 031 (generating a laser beam with different profile characteristics by means of a multi-clad fibre). The Division adopted a broad construction of the claims, dismissed the counterclaim and found infringement, direct for claim 2 and indirect for claim 1, it granted an injunction for Germany, France and Italy, with recall, destruction, information and interim awards. The decision illustrates the single construction of claims for infringement and validity.

Facts and procedure

The patent, a divisional of an international application in force in Germany, France and Italy, protects a method (claim 1) and an arrangement (claims 2 and 3). TRUMPF alleges direct infringement of claims 2 and 3 and indirect infringement of claim 1, based on a device bought from a German dealer. IPG challenges priority, novelty and inventive step. TRUMPF filed six auxiliary requests. By order of 12 September 2025, the panel refused to admit late auxiliary requests and a further submission (Rules 30.2 and 36 RoP). With no preliminary objection and no opt-out, jurisdiction was not in issue. The oral hearing took place on 22 January 2026.

The applicable law

Claims are construed under Art. 69 EPC and its Protocol, in the same way for infringement and validity, with the description and drawings as aids to interpretation. Novelty requires a direct and unambiguous disclosure (Art. 54 EPC), inventive step (Art. 56 EPC) is assessed under the approach set out by the Court of Appeal in Meril v Edwards and Amgen v Sanofi.

Question

How should the notions of beam profile characteristic, coupling and switchable device be construed, and is the patent novel and inventive over documents D6 and D7?

Decision

The beam profile characteristic means the cross-sectional geometry of the beam leaving the fibre, not intensity or beam quality as such. The two beams must produce distinct profiles (paragraphs 80 to 92). The claim does not require different laser sources (paragraphs 97 to 104), coupling does not require a free-space path (paragraphs 105 to 110) and any device with at least two switching positions is covered (paragraphs 112 and 113). IPG’s narrower readings were rejected.

Document D6 does not directly and unambiguously disclose the capability to produce different profiles and does not anticipate claims 1 and 2 (paragraphs 116 to 137). On inventive step, the Division framed the objective problem (paragraph 150), accepted D6 as a realistic starting point but found no motivation in it towards the claimed solution (paragraphs 151 to 154). The same applies starting from D7, which discloses all features except the different second beam, with no pointer towards providing it, and from D1 or D3, which are not realistic starting points (paragraphs 168 to 184), paragraphs 155 to 161 do not appear in the published version.

The combiner of the attacked device, in which the input fibres are spliced directly onto the output fibre, and the electronic control of two laser modules with the same wavelength literally realise claim 2, the device, advertised for carrying out the method, indirectly infringes claim 1 (paragraphs 185 to 205). Section G (paragraphs 206 to 218) is redacted in the published version. The order prohibits offering and supplying the devices for the method and making and marketing them in Germany, France and Italy, with penalty payments of at least EUR 100,000 per device, orders within six weeks information since 13 December 2017, recall, removal and destruction, with penalty payments of at least EUR 5,000 per day, awards EUR 115,000 as interim damages (the purchase price of the test device) and EUR 115,000 as an interim award of costs, and declares liability for damages. Recall and destruction for indirect infringement are refused (paragraph 241). The counterclaim is dismissed. Costs of the action are borne 90% by IPG and 10% by TRUMPF, IPG bearing the costs of the counterclaim. The value of each action is EUR 1,000,000 and the ceiling on recoverable costs EUR 200,000 (paragraphs 219 to 247).

Key points for practice

• A feature defined by its switching function covers any device with at least two positions, and is not limited to mechanical optics (paragraphs 112 and 113).
• The capability of a prior device to achieve the claimed result must be directly and unambiguously disclosed to destroy novelty (paragraphs 126 to 132).
• The objective problem does not require proof of an actual improvement (paragraph 150).
• Practical point: a defendant arguing for a narrow construction to avoid infringement should bear in mind that the same construction will apply to its counterclaim for revocation.

Provisions applied

Agreement on a Unified Patent Court

Arts 25(a), 26, 32(1)(e), 47(1), 63, 64, 67, 68, 69 and 82

Rules of Procedure

Rules 9.2, 19.1, 19.7, 30.2, 36, 118.5, 119, 150.2, 191, 352.1 and 354.3

European Patent Convention

Art. 54, Art. 56, Art. 69

Regulation (EU) No 1215/2012

Art. 4(1), 24(4), 71a and 71b

Case law cited

NanoString v 10x Genomics, Court of Appeal, 26 February 2024, VusionGroup v Hanshow, Court of Appeal, 13 May 2024, Mammut v Ortovox, Court of Appeal, 25 September 2024, Meril v Edwards, Court of Appeal, 25 November 2025, Amgen v Sanofi, Court of Appeal, 25 November 2025, Belkin v Philips, Court of Appeal, 3 October 2025, M-A-S v Altech, Düsseldorf Local Division, 10 December 2025, Trumpf Laser UK v IPG Laser, Mannheim Local Division, 24 February 2026

Related decisions

• TRUMPF Laser- und Systemtechnik, 12 September 2025, order refusing the late auxiliary requests.

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.