2025-07-28 - CD Paris - Anonymisiert (vertr. Jasper WERHAHN) v. Essetre Holding - UPC_CFI_239/2024
- Aktenzeichen:
- UPC_CFI_239/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Decision
- Parteien:
- *** v. Essetre Holding spa
Kernaussage: While terms used in patent documents should be given their normal meaning in the relevant art, the description and the drawings, when considered in the context of document’s contents and not in isolation, may give these terms a different meaning (in the case at hand, the Court…
2025-07-28 - CD Paris - Anonymisiert (vertr. Jasper WERHAHN)
v.
Essetre Holding - UPC_CFI_239/2024
While terms used in patent documents should be given their normal meaning in the relevant art, the description and the drawings, when considered in the context of document’s contents and not in isolation, may give these terms a different meaning (in the case at hand, the Court affirmed, applying this principle, that according to the ordinary meaning of the wording in common language, as well as in the context of the description and drawings of the patent, the term “a working surface” was to be interpreted as meaning “one working surface”).
The Paris Central Division partially upheld a patent in amended form and rejected the revocation action. The decision deals with claim interpretation as well as the different validity attacks.
Stichwörter
Claim interpretation; added subject-matter
Nichtigkeitsgründe
Art. 138 EPCNovelty
Patent survived (this ground)Art. 54 EPC · Art. 138(1)(a) EPC
“Prior art does not clearly disclose claimed architecture. Structural capability is ex post facto.”
Inventive Step
Patent survived (this ground)Art. 56 EPC · Art. 138(1)(a) EPC
“No obvious path from MB1 to claimed combination. Prior art provides no useful guidance.”
Added Matter
Patent survived (this ground)Art. 123(2) EPC · Art. 138(1)(c) EPC
“Feature (1.6.3) based in para [0041]. At the same time = simultaneous.”
Clarity
Patent survived (this ground)Art. 84 EPC · derivative
“Lateral retraction clearly interpretable from description and drawings.”