Overview · Filed: Sep 12, 2023
UPC_CFI_308/2023
VAPORIZER
RevocationMain Revocation ActionParis CDRevocationCase Closed
Parties
Claimants
- NJOY Netherlands B.V.(Altria Group)
Reps: Henrik Holzapfel (McDermott Will & Emery)
Respondents
- VMR Products LLC
Reps: Bernhard Thum (Thum & Partner); Jonas Weickert (Thum & Partner); Andreas Mötsch (Thum & Partner); Tobias Wuttke (Bardehle Pagenberg Partnerschaft mbB)
Judges
French-seated division — individual judges anonymized.
- Panel member (anonymized)
- Panel member (anonymized)
- Panel member (anonymized)
Patents
- EP3456214
- EP 3 456 214
CPC codes: A61M2205/8237, H02J7/00, H02J7/751, A24F40/00, A61M2205/07, A24F40/50, A61M15/06, A61M2205/3633, A61M2205/584, A61M2205/8206, A61M2206/20, A61M2205/3368…
Technology area: Consumer Goods · E-Cigarettes
Sector: Pharmaceutical & Medical
Outcome
RevokedRevoked in full
Filed: Sep 12, 2023
First decided: Jan 22, 2024
Language: English
The Central Division Paris revoked European patent EP 3 456 214 (relating to a vaporizer/e-cigarette device) in its entirety. The patent was found to lack inventive step over the prior art. All auxiliary requests for partial maintenance were rejected as either unsubstantiated or unreasonable in number. The defendant (patent proprietor VMR Products LLC) was ordered to bear the litigation costs.
Open on UPC RegistryClaims
At issue1, 13, 14
Revokedall
Notes: EP 3 456 214 revoked entirely; claims 13 and 14 specifically discussed and found obvious; defendant's request for partial maintenance rejected as insufficiently substantiated.