UPC CFI 43/2025

EP 2 437 696 B2 lacks inventive step over JP748 (Japanese patent on position therapy device)

Hinweis: Court found that all features of claim 1 were disclosed in JP748 except the accelerometer; replacing the mercury switch angle sensor in JP748 with an accelerometer was obvious at the 2009 priority date given mandatory EU prohibition of mercury from 2006 and common general knowledge that accelerometers were standard components in this field.

JP748 is a realistic starting point for inventive step analysis

Hinweis: Court dismissed ABM's belated challenge at oral hearing that JP748 was not a realistic starting point, noting JP748 relates to the same technical field and solves the same perceived problems as the patent.

Claim 1 of the Auxiliary Request is also obvious over JP748 with accelerometer modification

Hinweis: Limiting claim 1 to an accelerometer-based position detector in the AR did not save the patent because the skilled person in 2009 was forced to replace the mercury switch with an accelerometer given EU mercury prohibition, and accelerometers were common general knowledge for such applications.

ABM's belated (oral hearing) challenge that JP748 is not a realistic starting point for inventive step

Begründung: JP748 relates to the same technical field (position therapy for sleep disorders) and addresses the same perceived problems; it was properly identified as a realistic starting point. The belated timing of the challenge was also noted.

Dependent claim 2 (adaptive feedback) saves the patent

Begründung: Adaptive feedback (claim 2) requiring a more advanced microcontroller was obvious at the priority date given common general knowledge of contemporary microprocessors; claim 2 also disclosed in JP748 so it cannot save the patent.

Infringement of EP 2 437 696 B2 by Philips' sleep therapy devices

Begründung: As the patent was found entirely invalid, the infringement action failed and all ABM requests were dismissed without reaching the infringement merits.