UPC_CFI_239/2024
Machine for machining walls, particularly for walls made of wood or multilayer walls and the like
An anonymous claimant (represented by Jasper Werhahn) brought a revocation action against Essetre Holding SpA (Italy) seeking revocation of EP 2 875 923 B1, a patent for a machine for machining wooden or multilayer walls. The Paris Central Division dismissed the revocation action and maintained the patent in amended form as per Essetre's Principal Request; the court's key holding was that 'a working surface' in claim 1 means 'one working surface' based on the description and drawings context. Costs were apportioned 70% to the anonymous claimant and 30% to Essetre because the patent limitation was submitted during proceedings.
'A working surface' in claim 1 of EP 2 875 923 B1 means 'one working surface', interpreted by ordinary meaning and context of description and drawings
BeklagterRechtsgrundlage: Art. 69 EPC; purposive claim constructionHinweis: Court applied the principle that terms in patent documents take their normal meaning in the relevant art, but description and drawings in context may give a term a different meaning; here 'a working surface' was interpreted as 'one working surface' not 'one or more'.
Patent maintained in amended form (Principal Request submitted 8 August 2024) avoids the revocation grounds
BeklagterRechtsgrundlage: R. 30 RoP; Art. 65 UPCAHinweis: Court dismissed the revocation action and maintained the patent as amended, with costs partially shifted to defendant given that the limitation was submitted during proceedings.
Revocation of claims 1, 3, 4, 5, 6, 9 and 10 of EP 2 875 923 B1 (wall machining machine)
KlägerRechtsgrundlage: Art. 65 UPCABegründung: Revocation action was dismissed; patent maintained as amended by defendant's Principal Request. The claim interpretation adopted by the court (one working surface) was consistent with the amended claims.
Weitere Fälle zu diesem Grundsatz ansehen.
The central claim construction issue in EP 2 875 923 B1 (wall machining machine) was the meaning of 'a working surface' in claim 1. The court held that, applying both ordinary language and the context of the description and drawings, this means 'one working surface' rather than 'one or more working surfaces'. The patent was ultimately maintained in amended form pursuant to Essetre's Principal Request.