Home » UPC decisions » Central Division » Paris Central Division » CD Paris, January 21, 2025, decision on validity, UPC_CFI_311/2023

CD Paris, January 21, 2025, decision on validity, UPC_CFI_311/2023

3 min Reading time

Key takeaways

In revocation actions, the claimant is required to specify the grounds of invalidity that allegedly affect the contested patent, as well as prior art documents relied upon to support any allegation of lack of novelty or inventive step in its statement of claim as this defines the subject matter of the dispute. New grounds of invalidity of the contested patet or new documents considered novelty destroying or affecting inventive step cannot be submitted in subsequent written act as this contradicts the principle of front-loaded proceedings.

In order to assess whether or not a claimed invention lacks inventive step, it is first necessary to determine one or more realistic starting points in the state of the art, which would be of interest to a person skilled in the art who, at the priority date of the patent in suit, was seeking to develop a product or process similar to that disclosed in the prior art. In particular, realistic starting points are the documents which disclose the main relevant features as those disclosed in the challenged patent or which address the same or a similar underlying problem.

Division

CD Paris

UPC number

UPC_CFI_311/2023

Type of proceedings

revocation action

Parties

Claimant: NJOY Netherlands B.V.

Defendant: VMR Products LLC

Patent(s)

EP 3 626 092

Body of legislation / Rules

Rule 44 RoP, Preable RoP, para. 7


Was the article helpful?


Categories


Tags

Stay in the loop

Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.

* = Required field