The Court held that the marketing of coffee capsules suitable for a Nespresso machine does not infringe the patent on an extraction system for the coffee capsules. Instead, the user of the machine is also permitted to use capsules which are not marketed by the patent holder. This is at least the case if the coffee capsules are not the “functional core” of the invention. In this case the consumer can expect to be allowed to use also third party coffee capsules.
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