UPC Analytics
ENDE
Overview · Filed:

ACT_551180/2023

COMPOSITIONS AND METHODS FOR ANALYTE DETECTION

RevocationMain Revocation ActionMunich CDRevocation Action
Parties

Claimants

  • NanoString Technologies Europe Limited
Reps: Daniela Kinkeldey (Bird & Bird)

Respondents

  • President and Fellows of Harvard College
Reps: Axel Berger (Bardehle Pagenberg)
Judges
  • András KupeczJudge-Rapporteur (Munich Central Division)
Patents
  • EP 2 794 928
CPC codes: G01N2458/10, C12Q1/6837, G01N33/53, C12Q1/6816, C12Q1/6804

Technology area: Biotech · Analyte Detection

Sector: Biotechnology

Outcome
RevokedRevoked in full
Filed:
First decided: Jan 31, 2024
Last decision: Oct 17, 2024
Language:

The Munich Section of the Central Division revoked European Patent EP 2 794 928 B1 (owned by President and Fellows of Harvard College) in its entirety, with effect in France, Germany, and the Netherlands, in a revocation action brought by NanoString Technologies Europe Limited. The Court found that the main claim lacked novelty over the prior art disclosure 'Göransson', and that all eight auxiliary requests (AR1–8) also lacked inventive step over Göransson. Harvard's auxiliary requests to amend the patent were all rejected. Harvard as the unsuccessful party must bear NanoString's legal costs.

Claims
At issue1
Revokedall
Notes: Munich Central Division revoked EP 2 794 928 B1 entirely (FR, DE, NL): claim 1 as granted lacked novelty over Göransson; all 8 auxiliary requests (AR1-8 modifying claim 1) also failed for lack of inventive step.