Case Law
Article 29: Exhaustion of the rights conferred by a European patent

Court of First Instance - Vienna (AT) Local Division, Order dated 13/09/2023, CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v. ALPINA COFFEE SYSTEMS GmbH (Case number UPC_CFI_182/2023, ACT_528738/2023)
Example of decision ruling out exhaustion of the rights conferred by a European patent: “With regard to the Applicant’s rights under the patent at issue, no exhaustion (Art. 29 UPCA) has occurred either. As the Federal Supreme Court of Switzerland already correctly stated in its injunction of 8 June 2023 (Appendix ASt 1b, p. 12, para. 11), the Respondent is not entitled, even taking into account the licence agreement submitted (Appendix ASt 3), to manufacture, using the components supplied by Fairly Bike, or distribute a combination structure falling within the protective scope of the patent at issue.”

Court of First Instance - Dusseldorf (DU), Local Division, Order dated 22/06/2023, myStromer AG v Revolt Zycling AG (Case number UPC_CFI 177/2023, ORD_525740/2023)
Exhaustion of rights: “the Respondent is not entitled, even taking into account the licence agreement submitted (Appendix ASt 3), to manufacture, using the components supplied by Fairly Bike, or distribute a combination structure falling within the protective scope of the patent at issue.”