2025-05-28 - CD Paris - Aylo Premium v. DISH - UPC_CFI_198/2024
- Aktenzeichen:
- UPC_CFI_198/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Proceeding Decision
- Parteien:
- AYLO PREMIUM LTD v. DISH Technologies L.L.C.
Kernaussage: The Court can, if requested, limit the scope of revocation of a European (bundle) patent to national parts of a European Patent validated in individual UPC Member States.
2025-05-28 - CD Paris - Aylo Premium
v.
DISH - UPC_CFI_198/2024
The Court can, if requested, limit the scope of revocation of a European (bundle) patent to national parts of a European Patent validated in individual UPC Member States.
The Paris Central Division revoked a patent due to added matter but only for the German designation of the EP. The Court stated that such limitation was in the Claimant's discretion.
The Court had considered 16 auxiliary requests and rejected the request for a stay until the EPO decided on the opposition.
Stichwörter
added matter, claim interpretation
Nichtigkeitsgründe
Art. 138 EPCAdded Matter
Patent invalid (this ground)Art. 123(2) EPC · Art. 138(1)(c) EPC
“Feature 1.7 reference to 'the highest quality' extended beyond parent application which only disclosed 'the next higher quality stream.' [9.27]”