UPC Court of Appeal Decision on Egg Packaging Patent: A Reminder on the Power of Amended Patents
Danish packaging manufacturer Hartmann Packaging and its German competitor Omni-pac have been in dispute over EP 2 755 901 at the Unified Patent Court for more than two years. In March 2024, Hartmann brought an infringement action against two Omni-pac entities at the Düsseldorf l
WISECODE Take
The UPC Court of Appeal's August 2026 ruling in the dispute between Hartmann and Omni-pac (case UPC_CoA_908/2025) over patent EP 2 755 901 demonstrates that a dismissed infringement claim does not mean the patent is dead. Although the court found no infringement, it upheld the patent in an amended form. For businesses, this means that even if you win the current lawsuit, the opponent's amended patent remains a threat for future product iterations. Those not operating in the European molded pulp packaging market are unaffected. Our patent portfolio health check can help identify the boundaries of such amended patents. We recommend two actions: first, analyze the newly defined scope of the amended patent rather than just the litigation outcome; second, base design-around strategies on the court's latest interpretation of technical features. Understanding the true boundaries of an opponent's amended patent is the most practical defense.
Original sources
Compiled automatically by WISECODE IP Radar. Summaries are short source excerpts; commentary is AI-generated. See the source links for full text.
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