UPC CFI 523/2025

At the UPC: Wittenstein SE (2 cases)·Vestas Wind Systems A/S (2 cases)

• 2026-09-02
  RevocationPublic

  Summary: Munich Central Division decision (Panel 1, 2 Sep 2026) in the stand-alone revocation action Wittenstein SE v Vestas Wind Systems A/S concerning the unitary patent EP 4 226 039 (wind turbine gear system with radially movable tooth segments): novelty, inventive step and the entitlement ground (Art. 138(1)(e) EPC) fail, but dependent claims 21 and 22 are insufficiently disclosed because they contradict claim 19; the patent is revoked in part in respect of claims 21 and 22 and maintained as amended by auxiliary request 1 (those claims deleted); several of the claimant's rejoinder arguments are disregarded as late-filed; Wittenstein bears 90% and Vestas 10% of the other side's costs. Headnotes on the entitlement ground (proprietor must have no rights at all; co-inventorship insufficient) and on the legitimate interest in having dependent claims assessed in a stand-alone revocation action.

  Show the legal issues (5)

  • Art. 138(1)(e) EPC / Art. 60(1) EPC entitlement as a revocation ground: burden on the claimant, partial rights or co-inventorship insufficient (headnote 1)
  • legitimate interest in assessing dependent claims in a stand-alone revocation action; dependent claims as fall-back positions (headnote 2, Fujifilm v Kodak, Rematec v Europe Forestry)
  • sufficiency of disclosure of dependent claims contradicting the claim they depend on (Art. 65(3) UPCA)
  • Wayback Machine evidence
  • late-filed arguments disregarded (R. 9.2 RoP)