2025-10-27 - LD Milan - Progress Maschinen Automation v. Awm et al. - UPC_CFI_178/2024
- Aktenzeichen:
- UPC_CFI_178/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Local Division
- Art:
- Decision
- Parteien:
- Progress Maschinen & Automation AG v. AWM s.r.l., SCHNELL S.p.A.
Kernaussage: The Milan LD revoked EP 2726230 B1 in its entirety after finding all features of independent claims 1 and 8 anticipated by the defendants' prior-use JIT machine, marketed since 2008.
2025-10-27 - LD Milan - Progress Maschinen Automation
v.
Awm et al. - UPC_CFI_178/2024
notable
The Milan LD revoked EP 2726230 B1 in its entirety after finding all features of independent claims 1 and 8 anticipated by the defendants' prior-use JIT machine, marketed since 2008. All five auxiliary requests also failed: AR1-3 overcame novelty but lacked inventive step (combination with DE 10037281), AR4 partially failed for added matter (intermediate generalization), AR5 failed for added matter (feature linked to specific embodiment). The court applied G2/21: the technical effect for inventive step must be directly and causally related to claimed features and encompassed by the originally filed application. Infringement action dismissed as consequence of revocation.
Nichtigkeitsgründe
Art. 138 EPCNovelty
Patent invalid (this ground)Art. 54 EPC · Art. 138(1)(a) EPC
“Patent revoked for lack of novelty. Prior-use JIT machine (marketed before priority date) anticipated all features of claims 1 and 8.”
Inventive Step
Patent invalid (this ground)Art. 56 EPC · Art. 138(1)(a) EPC
“AR1-3 lacked inventive step. G2/21 standard applied for AR4: technical effect not encompassed by original application.”
Added Matter
Patent invalid (this ground)Art. 123(2) EPC · Art. 138(1)(c) EPC
“AR4 claim 1 and AR5 failed for added matter (intermediate generalization).”