Patent case: Koninklijke Philips N.V. vs. Belkin Int. Inc., UPC

If a final decision on an infringement action has already been taken, for a second (consecutive) infringement action with respect to the same patent and between the same parties the question arises whether the subject-matter of this dispute is identical to that of the first action (res judicata). Since the subject-matter is determined essentially by the contested embodiment, the identity of the subject-matter is overcome if the contested embodiment changed and therefore new facts are given for the second action. Where a CE marking is a mandatory requirement for the sale of products in the European Union, companies issuing the respective EU declaration of conformity or acting as Authorized EU Representatives are liable as accessories for patent infringement caused by products covered by this declaration of conformity, if it constitutes joint, coordinated, and purposeful conduct by group companies. In the context of FRAND obligations, a party cannot successfully rely on a missing notification of infringement if the party has already and prior to the filing of the infringement action entered negotiations with a patent pool regarding the use of the respective standard.

Case date: 11 February 2026
Case number: UPC_CFI_171/2025
Court: UPC Local divisions of the Court of First Instance Munich

A full summary of this case has been published on Kluwer IP Law