ARTICLE
19 August 2024

CD Paris, July 29, 2024, Decision Concerning The Revocation Action No. ACT_555899/2023, UPC_CFI_263/2023

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Bardehle Pagenberg

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BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims.
Germany Intellectual Property
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1. Key takeaways

Admissibility of defense with non-attacked claims

The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims.

Defense with features from non-attacked claims admissible

In a situation in which the patent is not entirely attacked, the patent proprietor is entitled to propose amendments to the challenged claims also by inserting features, omitted in the original claims, mentioned in the non-attacked claims.

Grounds for revocation must be brought as early as possible

Grounds for revocation that could have been included in the initial statement to revocation are inadmissible if they do not relate to the content of the defence raised by the opposing party or to the application to amend the patent and, therefore, do not constitute a legitimate response to them.

2. Division

CD Paris

3. UPC number

UPC_CFI_263/2023

4. Type of proceedings

Revocation Action

5. Parties

Claimant: BITZER Electronics A/S

Defendant: Carrier Corporation

6. Patent(s)

EP 3 414 708

7. Body of legislation / Rules

Art. 54, 56, 83, 123(2) EPC, Art. 76(1) UPCA

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