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UPC CFI 239/2024

May 21, 2024·EP2875923: Machine for machining walls, particularly for walls made of wood or multilayer walls and the like

Case details
Status
Case Closed
Action
Revocation
Category
Main Revocation Action
Parties
Claimants
Reps: Jasper Carl Verhahn (Meissner Bolte Patentanwälte Rechtsanwälte Partnerschaft mbB)
Respondents
Reps: Giorgio Alessandro Karaghiosoff (Praxi Intellectual Property S.p.A.)
Division
Paris CD
Judges
Technology
Industrial Manufacturing · Woodworking Machinery
Language
English
First decided
Jul 28, 2025
Claims
At issue1, 3, 4, 5, 6, 9, 10
Amendedall
Notes: Paris Central Division rejected revocation of EP2875923 (wall machining machine); claimant sought revocation of claims 1, 3, 4, 5, 6, 9, 10 but patent was maintained in amended form as submitted in Principal Request.
Decisions
  • 2025-07-28
    Patent amendedRevocation meritsRevocation Action

    The Central Division Paris rejected the revocation action filed by an anonymous claimant against Essetre Holding spa in respect of EP 2 875 923 B1 (a machine for machining walls). The patent was maintained in amended form as submitted in the Principal Request on 8 August 2024. The Court interpreted 'a working surface' as meaning 'one working surface', applying the ordinary meaning in context of the description and drawings. The revocation action was dismissed as the defendant had submitted a patent limitation during proceedings. Costs were apportioned 70% to the claimant and 30% to the defendant. The case value for costs purposes was set at EUR 100,000.

    Legal issues:Claim interpretationAdded subject-matterPatent limitation during proceedingsCosts apportionment where patent limited
Documents
Document titleDatePublic
Receipt2026-02-16Not public
Cover sheet2026-02-16Not public
Exhibit Defendant2026-02-16Not public
Exhibit Defendant2026-02-16Not public
Application document Defendant2026-02-16Not public
action.issueDecision.decision2025-10-21Not public
Decision2025-10-21Public
Headnote-and-Keywords2025-07-28Not public
DecisionOutcome2025-07-28Not public
decision2025-07-28Not public
Recording OH 03-06-2025 Case 28227/20242025-06-04Not public
Recording OH 03-06-2025 Case 28227/20242025-06-04Not public
Interim-Procedure-Closure2025-05-20Not public
Summon-Oral-Hearing2025-05-20Not public
rule 1082025-05-20Not public
Template-Order2025-05-20Not public
Hearing-Dates2025-04-18Not public
rule 1052025-04-18Not public
Recording IC 17-04-2025 Case 28227/20242025-04-17Not public
Recording IC 17-04-2025 Case 28227/20242025-04-17Not public
Fix-Interim-Conference-Date2025-03-28Not public
rule 352025-03-28Not public
Interim-Conference-Decision2025-03-28Not public
Written-Procedure-Closure2025-03-28Not public
Hearing-Dates2025-01-23Not public
rule 282025-01-23Not public
Reply to preliminary order dated January 16, 20252025-01-20Not public
Comments pursuant to RoP2642025-01-20Not public
rule 282025-01-16Not public
Hearing-Dates2025-01-16Not public
Acknowledgement-of-lodging2024-12-24Not public
Acknowledgement-of-lodging2024-12-24Not public
Rejoinder to Application to Amend2024-12-05Not public
Rejoinder to Application to Amend2024-12-05Not public
Acknowledgement-of-lodging2024-11-06Not public
Rejoinder2024-11-06Not public
Acknowledgement-of-lodging2024-10-07Not public
Annex MB82024-10-07Not public
Reply to the Defence to revocation and Defence to the Application to amend the Patent2024-10-07Not public
Panel-Appointment2024-08-09Not public
Acknowledgement-of-lodging2024-08-08Not public
Formal-checks_Notification-of-positive-outcome2024-08-08Not public
Acknowledgement-of-lodging2024-08-08Not public
Formal-checks_Notification-of-positive-outcome2024-08-08Not public
Formal-checks_Notification-of-positive-outcome2024-08-08Not public
Auxiliary Request 1 Marked2024-08-08Not public
Auxiliary Request 4 Clean2024-08-08Not public
Principal Request Clean2024-08-08Not public
Auxiliary Request 2 Marked2024-08-08Not public
Auxiliary Request 4 Marked2024-08-08Not public
Auxiliary Request 5 Clean2024-08-08Not public
Principal Request Marked2024-08-08Not public
Amended Description Marked2024-08-08Not public
Auxiliary Request 1 Clean2024-08-08Not public
Auxiliary Request 3 Marked2024-08-08Not public
Amended Description Clean2024-08-08Not public
Auxiliary Request 5 Marked2024-08-08Not public
Defence to Revocation2024-08-08Not public
Auxiliary Request 3 Clean2024-08-08Not public
Auxiliary Request 2 Clean2024-08-08Not public
Acknowledgement-of-lodging2024-08-08Not public
Amended Description Marked2024-08-08Not public
Amended Description Clean2024-08-08Not public
Auxiliary Request 3 Marked2024-08-08Not public
Auxiliary Request 3 Clean2024-08-08Not public
Auxiliary Request 4 Marked2024-08-08Not public
Auxiliary Request 2 Marked2024-08-08Not public
Principal Request Clean2024-08-08Not public
Auxiliary Request 4 Clean2024-08-08Not public
Auxiliary Request 5 Clean2024-08-08Not public
Principal Request Marked2024-08-08Not public
Defence to Revocation2024-08-08Not public
Auxiliary Request 5 Marked2024-08-08Not public
Auxiliary Request 1 Clean2024-08-08Not public
Auxiliary Request 1 Marked2024-08-08Not public
Auxiliary Request 2 Clean2024-08-08Not public
Auxiliary Request 2 Marked2024-08-07Not public
Amended Description Marked2024-08-07Not public
Auxiliary Request 2 Clean2024-08-07Not public
Principal Request Clean2024-08-07Not public
Principal Request Marked2024-08-07Not public
Auxiliary Request 4 Clean2024-08-07Not public
Auxiliary Request 1 Marked2024-08-07Not public
Auxiliary Request 3 Clean2024-08-07Not public
Auxiliary Request 4 Marked2024-08-07Not public
Auxiliary Request 1 Clean2024-08-07Not public
Defence to Revocation2024-08-07Not public
Amended Description Clean2024-08-07Not public
Auxiliary Request 5 Marked2024-08-07Not public
Auxiliary Request 5 Clean2024-08-07Not public
Auxiliary Request 3 Marked2024-08-07Not public
Acknowledgement of access to case2024-08-07Not public
Notification Of Service2024-07-15Not public
Acknowledgement receipt2024-07-15Not public
Letter for Service2024-06-14Not public
epoUploadDocumentsWorkflow2024-05-30Not public
Document from EPO2024-05-30Not public
Panel-Appointment2024-05-22Not public
EPO-Request-for-case-pending2024-05-22Not public
Acknowledgement-of-lodging2024-05-22Not public
Formal-checks_Notification-of-positive-outcome2024-05-22Not public
MB32024-05-17Not public
MBP2024-05-17Not public
MB02024-05-17Not public
MB12024-05-17Not public
MB62024-05-17Not public
MB42024-05-17Not public
MB72024-05-17Not public
MB12024-05-17Not public
Statement of Claim2024-05-17Not public
MB22024-05-17Not public
MB42024-05-17Not public
MB52024-05-17Not public
MB52024-05-17Not public
MB22024-05-17Not public
MB32024-05-17Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

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.

Accepted arguments
What the court agreed with — by party.

  • '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

    RespondentLegal basis: Art. 69 EPC; purposive claim construction

    Note: 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

    RespondentLegal basis: R. 30 RoP; Art. 65 UPCA

    Note: 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.

Rejected arguments
What the court did not agree with — and why.

  • Revocation of claims 1, 3, 4, 5, 6, 9 and 10 of EP 2 875 923 B1 (wall machining machine)

    ClaimantLegal basis: Art. 65 UPCA

    Reason: 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.

Key legal principles
Doctrines and rules cited in the reasoning.
Terms in patent claims take their normal meaning in the relevant art, but description and drawings in context may override the plain meaning'A working surface' interpreted as 'one working surface' based on description and drawings context, not 'one or more'Patent limitation submitted during revocation proceedings results in partial cost shifting to the patentee/defendantAdded subject-matter is a ground for revocation that must be addressed on the specific claim features

Browse other cases on this principle.

Claim construction notes

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.