UPClytics
View all cases

UPC CFI 836/2024

Dec 23, 2024·EP4019790 Unitary patent · NAIL FOR USE IN A NAIL SETTING DEVICE

Action number: ACT 67704/2024

Case details
Status
Case Closed (Patent partly revoked)
Action
Revocation
Category
Main revocation action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Munich CD
Technology
  • Mechanical engineering
    Mechanical elements
Language
German
First decided
Jun 27, 2025
Last decision
Nov 20, 2025
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Patent revokedMedian days to first decision
All UPC37% (34/91)124
Munich CDLockedLocked
Judge Ulrike VoßLockedLocked
Judge András KupeczLockedLocked
Judge Beate SchenkLockedLocked

At the UPC: BAUSSMANN Collated Fasteners GmbH (5 cases)·Raimund Beck Nageltechnik GmbH (3 cases)

1 other defendants litigating the same or a related patent

UPC CoA 7/2026

Start a free trial to see how each one ended.

More cases: Munich CD·2024

Decisions
  • 2025-11-20
    Revocation ActionPublic

    Summary: The Munich Central Division partially revoked EP 4 019 790 B1 for 17 Member States in revocation proceedings brought by BAUSSMANN against Raimund Beck, upholding the patent only as amended per Auxiliary Request III (with claims 5 and 6 unchanged), and dismissing the remaining revocation claim; costs were split 70/30 in favour of the claimant.

    Show the legal issues (5)
    • Inventive step
    • No retrospective assessment of inventive step
    • Common general knowledge
    • Scope of revocation action
    • Auxiliary requests admissibility
  • 2025-07-14
    Revocation ActionPublic

    Summary: Munich Central Division (Section) issued a procedural order following an interim hearing (Rule 105.5 RoP) in a revocation action concerning EP 4 019 790. Key decisions: (1) value in dispute set at EUR 500,000; (2) admissibility of exhibit P&A 18 (a Board of Appeal decision on another patent) deferred to the oral hearing; (3) patent amendment workflow issue resolved; (4) cost ceiling of EUR 56,000 noted; (5) oral hearing scheduled for 16 October 2025.

    Show the legal issues (4)
    • Interim hearing procedure under Rule 105.5 RoP
    • Value in dispute in revocation action
    • Admissibility of Board of Appeal decisions as exhibits
    • Patent amendment application workflow
  • 2025-06-27
    Revocation ActionPublic

    Summary: Procedural order of Munich Central Division (27 June 2025) in a revocation action concerning EP 4 019 790, scheduling an online interim conference via Cisco Webex for case management purposes and setting submission deadlines.

    Show the legal issues (3)
    • Case management – revocation action
    • Interim conference
    • Auxiliary requests
  • 2025-05-26

    Summary: The Munich Central Division issued a procedural order in revocation proceedings (EP 4 019 790) requiring the parties to upload written submissions in the patent amendment workflow, and granting Baussmann leave to file a further reply on the scope of the counterclaim and the patent amendment request.

    Show the legal issues (3)
    • Revocation proceedings case management
    • Patent amendment workflow R. 43 RoP
    • Scope of revocation claim
Document titleDatePublic
Order2025-11-20Public
Case closed2025-11-20Not public
Decision2025-11-20Not public
Decision2025-11-20Not public
Other Documents2025-10-16Not public
Interim-Procedure-Closure2025-08-13Not public
Summon-Oral-Hearing2025-08-13Not public
Terminsladung2025-08-13Public
Hearing-Dates2025-08-13Not public
Outcome of the Order2025-08-13Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

BAUSSMANN Collated Fasteners GmbH brought a revocation action against Raimund Beck Nageltechnik GmbH's EP 4 019 790 B1 (a nail for use in a nail-setting device). The Munich Central Division partially revoked the patent for 17 member states, finding the granted independent claims (and Auxiliary Requests I and II) lacking inventive step, while upholding Auxiliary Request III (claims 1 and 2) together with the unchallenged claims 5 and 6. Costs were apportioned 70% to the patent owner and 30% to the claimant.

Accepted arguments
What the court agreed with — by party.
  • Claims 1–4 and 6 of EP 4 019 790 in their granted form lack inventive step over prior art

    ClaimantLegal basis: Art. 56 EPC; inventive step

    Note: Munich Central Division accepted BAUSSMANN's challenge to the main request and Auxiliary Requests I and II, finding independent claims 1 and 3 (and dependent claims derived therefrom) obvious over the prior art.

  • Retrospective assessment (hindsight) must be avoided when determining inventive step, even when relying on common general knowledge

    RespondentLegal basis: Art. 56 EPC; Headnote 1

    Note: Court accepted this principle and required the skilled person to have had a genuine incentive to arrive at the claimed subject matter from the prior art without benefit of hindsight.

  • Court and defendant are bound by the scope of the revocation action as defined by the claimant; non-attacked claims are immune

    RespondentLegal basis: Art. 76(1) UPCA; Headnote 2

    Note: Because BAUSSMANN chose not to attack claims 5 and 6 of the granted patent, those claims remained valid and the patent was maintained in amended form (Auxiliary Request III plus claims 5 and 6 unchanged).

Rejected arguments
What the court did not agree with — and why.
  • Main request (granted claims) should be maintained in full

    RespondentLegal basis: Art. 56 EPC

    Reason: Claims 3 and 6 of the main request were found not patentable (lack of inventive step / other grounds), rendering the main request and Auxiliary Requests I and II non-allowable.

  • Auxiliary Request I is allowable

    RespondentLegal basis: Art. 56 EPC

    Reason: Auxiliary Request I contained claim 3 which was equivalent to granted claim 6 and was thus not patentable for the same reasons.

  • Auxiliary Request II is allowable

    RespondentLegal basis: Art. 56 EPC

    Reason: Auxiliary Request II included independent claim 3 of the main request which was not allowable, making AUX II equally non-patentable.