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.
Division
CD Paris
UPC number
UPC_CFI_263/2023
Type of proceedings
Revocation Action
Parties
Claimant: BITZER Electronics A/S
Defendant: Carrier Corporation
Patent(s)
EP 3 414 708
Body of legislation / Rules
Art. 54, 56, 83, 123(2) EPC, Art. 76(1) UPCA
