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UPC CFI 263/2023
Jun 29, 2023·EP3414708: ADAPTIVE SENSOR SAMPLING OF A COLD CHAIN DISTRIBUTION SYSTEM
- Case details
- StatusCase ClosedActionRevocationCategoryMain Revocation Action
- Parties
- ClaimantsReps: Tilman Pfrang (Meissner Bolte Patentanwälte Rechtsanwälte Partnerschaft mbB)
- Division
- Paris CD
- Technology
- Measurement & Instrumentation · Sensors · Computing & AI
- Language
- English
- First decided
- Jan 8, 2024
- Last decision
- Apr 5, 2024
Decisions
- 2024-04-05Revocation Action
The judge-rapporteur issued an interim conference order setting out procedural directions for the revocation action concerning EP 3 414 708, including discussion of the validity of the priority claim and allowable form of amendments; no substantive ruling on patentability was made.
Legal issues:Validity of priority claimAdmissibility of patent amendments - 2024-01-08Revocation Action
The Paris Central Division rejected Carrier Corporation's application to stay the revocation proceedings against EP3414708 pending EPO opposition proceedings, finding that the requirement of a 'rapid decision' from the EPO was not fulfilled because no concrete timeline for the EPO ruling had been established.
Legal issues:Stay of UPC proceedings pending EPO opposition (Art. 33(10) UPCA, Rule 295(1)(a) RoP)Criterion of 'rapid decision' by EPO as condition for stayBalancing parallel EPO and UPC proceedingsAccess to justice and proportionality
Documents
| Document title | Date | Public |
|---|---|---|
| DecisionOutcome | 2024-07-29 | Not public |
| Headnote-and-Keywords | 2024-07-29 | Not public |
| decision | 2024-07-29 | Public |
| decision | 2024-07-29 | Not public |
| Hearing Reference | 2024-06-21 | Not public |
| Hearing Reference | 2024-06-21 | Not public |
| interimProcedureClosure | 2024-06-13 | Not public |
| summons | 2024-06-13 | Not public |
| rule 108 | 2024-06-13 | Public |
| rule 108 | 2024-06-13 | Not public |
| Outcome of the Order | 2024-06-13 | Not public |
| rule 263 | 2024-06-13 | Public |
| Receipt | 2024-06-11 | Not public |
| R263 Application | 2024-06-10 | Not public |
| Amended Application to Amend (tracked) | 2024-06-10 | Not public |
| Amended Statement of Defence (clean) | 2024-06-10 | Not public |
| Mark-up of Auxiliary Request 13 | 2024-06-10 | Not public |
| Auxiliary Request 13 | 2024-06-10 | Not public |
| Amended Statement of Defence (tracked) | 2024-06-10 | Not public |
| Mark-up of Auxiliary Request 14 | 2024-06-10 | Not public |
| Amended Application to Amend (clean) | 2024-06-10 | Not public |
| Auxiliary Request 14 | 2024-06-10 | Not public |
| Outcome of the Order | 2024-04-30 | Not public |
| rule 333 | 2024-04-30 | Public |
| Receipt | 2024-04-19 | Not public |
| Application for Review of Case Management Order | 2024-04-18 | Not public |
| Proof of fee payment | 2024-04-18 | Not public |
| Outcome of the Order | 2024-04-17 | Not public |
| closing workflow | 2024-04-17 | Public |
| Outcome of the Order | 2024-04-17 | Not public |
| closing workflow | 2024-04-17 | Public |
| Outcome of the Order | 2024-04-17 | Not public |
| closing workflow | 2024-04-17 | Public |
| replyAmendPatentDefence | 2024-04-11 | Not public |
| Rejoinder to Reply to the Defence to the Statement of Claim and Reply to Defence to the Application to Amend | 2024-04-11 | Not public |
| Exhibit A - Summons and preliminary opinion | 2024-04-11 | Not public |
| Cover Letter | 2024-04-11 | Not public |
| Hearing-Dates | 2024-04-05 | Not public |
| rule 105 | 2024-04-05 | Public |
| Receipt | 2024-04-02 | Not public |
| Application under Rule 9 | 2024-04-02 | Not public |
| Hearing Reference | 2024-04-02 | Not public |
| Hearing Reference | 2024-04-02 | Not public |
| Fix-Interim-Conference-Date | 2024-03-27 | Not public |
| interim conference | 2024-03-27 | Public |
| interimConferenceDecision | 2024-03-27 | Not public |
| writtenProcedureClosure | 2024-03-27 | Not public |
| Receipt | 2024-03-27 | Not public |
| Application under Rule 336 | 2024-03-26 | Not public |
| Receipt | 2024-03-25 | Not public |
| Application under Rule 336 | 2024-03-22 | Not public |
| Hearing-Dates | 2024-03-13 | Not public |
| rule 28 | 2024-03-13 | Public |
| Email from the EPO | 2024-03-13 | Not public |
| Confirmation of availability | 2024-03-13 | Not public |
| confirmation schedule CMC and OP | 2024-03-01 | Not public |
| rule 28 | 2024-02-26 | Not public |
| Comments on proposed dates | 2024-02-23 | Not public |
| Acknowledgement-of-lodging | 2024-02-19 | Not public |
| Rejoinder to the reply to the defence and reply to the defence to the application to amend | 2024-02-19 | Not public |
| Exhibit A - Summons and preliminary opinion | 2024-02-19 | Not public |
| Confirmation of availability | 2024-02-19 | Not public |
| preliminary order | 2024-02-19 | Not public |
| Confirmation of availability | 2024-02-12 | Not public |
| comments to the hearing set dates | 2024-02-12 | Not public |
| rule 28 | 2024-02-05 | Not public |
| Hearing-Dates | 2024-02-05 | Not public |
| amendPatentDefence | 2024-01-19 | Not public |
| Reply to revocation defence and application for amendment | 2024-01-19 | Not public |
| Exhibit MB 5' | 2024-01-19 | Not public |
| Exhibit MB 10 | 2024-01-19 | Not public |
| Acknowledgement-of-lodging | 2024-01-19 | Not public |
| Reply to revocation defence and application for amendment | 2024-01-19 | Not public |
| Exhibit 5' | 2024-01-19 | Not public |
| Exhibit MB 10 | 2024-01-19 | Not public |
| Outcome of the Order | 2024-01-08 | Not public |
| request for stay | 2024-01-08 | Not public |
| request for stay | 2024-01-08 | Not public |
| Comments to request for stay | 2023-12-15 | Not public |
| request for proceeding stay | 2023-12-04 | Not public |
| Receipt | 2023-12-04 | Not public |
| Exhibit B - Statement of Claim | 2023-12-01 | Not public |
| Exhibit E - Opposition observations | 2023-12-01 | Not public |
| Application to stay proceedings | 2023-12-01 | Not public |
| Covering letter | 2023-12-01 | Not public |
| Exhibit A - Notice of Opposition | 2023-12-01 | Not public |
| Exhibit D - Letter from the President of the EPO | 2023-12-01 | Not public |
| Exhibit C - Request for opposition acceleration | 2023-12-01 | Not public |
| Acknowledgement-of-lodging | 2023-11-22 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2023-11-22 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2023-11-22 | Not public |
| Acknowledgement-of-lodging | 2023-11-20 | Not public |
| Auxiliary Request 2 | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 9 amendments | 2023-11-20 | Not public |
| Auxiliary Request 10 | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 6 amendments | 2023-11-20 | Not public |
| Auxiliary Request 7 | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 4 amendments | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 5 amendments | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 11 amendments | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 12 amendments | 2023-11-20 | Not public |
| Mark-up of Main Request amendments | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 8 amendments | 2023-11-20 | Not public |
| Auxiliary Request 1 | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 3 amendments | 2023-11-20 | Not public |
| Auxiliary Request 4 | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 10 amendments | 2023-11-20 | Not public |
| Auxiliary Request 9 | 2023-11-20 | Not public |
| Auxiliary Request 6 | 2023-11-20 | Not public |
| Auxiliary Request 8 | 2023-11-20 | Not public |
| Application to amend | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 7 amendments | 2023-11-20 | Not public |
| Auxiliary Request 12 | 2023-11-20 | Not public |
| Main Request | 2023-11-20 | Not public |
| Auxiliary Request 3 | 2023-11-20 | Not public |
| Auxiliary Request 5 | 2023-11-20 | Not public |
| Auxiliary Request 11 | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 1 amendments | 2023-11-20 | Not public |
| Mark-up of Auxiliary Request 2 amendments | 2023-11-20 | Not public |
| Statement of defence | 2023-11-20 | Not public |
| Covering letter | 2023-11-20 | Not public |
| Acknowledgement of access to case | 2023-09-18 | Not public |
| Notification Of Service | 2023-09-18 | Not public |
| Panel-Appointment | 2023-08-09 | Not public |
| epoUploadDocumentsWorkflow | 2023-08-03 | Not public |
| Document from EPO | 2023-08-02 | Not public |
| statementOfRevocation | 2023-08-01 | Not public |
| Acknowledgement-of-lodging | 2023-07-31 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2023-07-31 | Not public |
| MB8 | 2023-07-27 | Not public |
| MB1a | 2023-07-27 | Not public |
| MB1b | 2023-07-27 | Not public |
| MB9 | 2023-07-27 | Not public |
| MB4 | 2023-07-27 | Not public |
| MB6 | 2023-07-27 | Not public |
| MB7 | 2023-07-27 | Not public |
| MB2 | 2023-07-27 | Not public |
| corrected statement of claim | 2023-07-27 | Not public |
| MB3 | 2023-07-27 | Not public |
| MB5 | 2023-07-27 | Not public |
| revocation action | 2023-07-27 | Not public |
| MB1c | 2023-07-27 | Not public |
| MB1d | 2023-07-27 | Not public |