UPC CFI 497/2024

The most promising invalidity attacks should be identified and unmanageable numbers of attacks may be limited by the court

Note: Court held that when a party submits an unmanageable number of attacks, those not identified as most promising need not be assessed if the promising ones fail.

Patent EP 3 756 767 B1 is valid and maintained as amended by Auxiliary Request 3

Note: All attacks based on novelty, inventive step and sufficiency against AR3 failed; the patent was maintained in amended form.

Amount of agreed legal costs need not be kept confidential as it does not reveal company financial strategy or patent asset value

Note: Court declined to keep the EUR 400,000 cost figure confidential, ruling it did not inherently disclose commercially sensitive information.

EP 3 756 767 B1 (diagnostic test patent) is invalid for added subject-matter, lack of novelty, lack of inventive step, and insufficiency

Reason: All the most promising attacks were assessed and none affected validity of the claims under AR3; remaining attacks were presumed unable to succeed.

Agreed amount of legal costs should be ordered confidential

Reason: The agreed amount of legal costs does not in itself reveal company financial capacity, commercial strategy or importance of the patent as a corporate asset.