Divergence between the UPC and EPO on claim interpretation and description definitions (Agfa v Gucci, UPC_CFI_278/2023)

The recent decision of the UPC Hamburg Local Division in Agfa v Gucci (UPC_CFI_278/2023) is another addition to the case law on claim interpretation and the impact of description definitions. The Local Division found Agfa’s patent for decorating leather valid, yet simultaneously ruled that Gucci’s products did not infringe. The entire case pivoted on the interpretation of the word "achromatic" in