UPC_CFI_202/2024

The Central Division Paris rejected Lindal's revocation action but maintained EP 3 655 346 B1 as amended by the First Auxiliary Request submitted by the patent proprietor (Rocep-Lusol). The court held that the patent lacked industrial application in its original form but could be maintained in amended form. Claimant (Lindal) bears 70% of costs; defendant (Rocep-Lusol) bears 30%.

The Central Division Paris rejected the revocation action filed by Lindal Dispenser GmbH against Rocep-Lusol Holdings Limited in respect of EP 3 655 346 B1 (a pressure pack dispenser). The patent was maintained in amended form as submitted in the First Auxiliary Request on 26 July 2024 (maintained as EP 1 552 399 in amended form). The Court held that an invention contrary to accepted laws of physics lacks industrial application under Art. 57 EPC. Drawings must be used as explanatory aids but cannot be used to extract a characteristic when contradicted by the description. Costs were apportioned 70% to the claimant and 30% to the defendant. The case value was EUR 1.4 million.