2025-01-22 - CD Paris - NJOY v. VMR Products - UPC_CFI_310/2023
- Aktenzeichen:
- UPC_CFI_310/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Application Order
- Parteien:
- NJOY v. VMR Products
Kernaussage: Defendant's alternative request to maintain the patent at suit with respect to one or more of its dependent claims is a sufficiently clear request, even if it does not specify a particular claim, and, as such, imposes on the Court the obligation to rule on the matter and decide …
2025-01-22 - CD Paris - NJOY
v.
VMR Products - UPC_CFI_310/2023
Defendant's alternative request to maintain the patent at suit with respect to one or more of its dependent claims is a sufficiently clear request, even if it does not specify a particular claim, and, as such, imposes on the Court the obligation to rule on the matter and decide which claims, if any, remain valid.
The Paris Central Division upheld the patent in suit based on a combination of claims and revoked the patent otherwise based on a lack of inventive step which could not be overcome by the auxiliary requests.
Stichwörter
common general knowledge, late filed documents, validity of the patent
Nichtigkeitsgründe
Art. 138 EPCInventive Step
Partially invalid (this ground)Art. 56 EPC · Art. 138(1)(a) EPC
“Independent claim 1 lacked inventive step over Pan + Weigensberg/Trescher [101, 110]. Dependent claims 2-5, 9-11 also lacked inventive step. However, dependent claims 6, 7, 8 (magnets proximate to charging contacts) were found to involve an inventive step [157, 169, 175].”
Clarity
Patent invalid (this ground)Art. 84 EPC · derivative
“Auxiliary requests VI-VIII rejected for lack of clarity under Art. 84 EPC — the term 'free-standing fluid' was found unclear and the defendant provided no definition or useful arguments [134-137].”