UPC CoA 257/2025
Mar 24, 2025·EP3613453 · VAPORIZER
- Case details
- StatusCase Closed (Withdrawn)ActionAppealCategoryMain appeal
- Parties
- Claimants
- VMR Products LLCOperating co.
Representatives- Bernhard Thum-Thum & Partner
- Not named-Bardehle Pagenberg
Respondents- NJOY Netherlands B.V.Operating co.
Representatives- Henrik Holzapfel-McDermott Will & Schulte
- Division
- Court of Appeal
- Technology
- Electrical engineeringElectrical machinery, apparatus, energy
- InstrumentsMedical technology
- Other fieldsOther consumer goods
- Language
- English
- First decided
- Jan 9, 2026
- EPO Opposition
- Nicoventures Trading LimitedAdmissible2022-06-08
- Philip Morris Products S.A.Admissible2022-06-08
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Rian Kalden | Locked |
| Judge Ingeborg Simonsson | Locked |
| Judge Patricia Rombach | Locked |
| Judge Andrea Scilletta | Locked |
| Judge Wiem Samoud | Locked |
At the UPC: VMR Products LLC (13 cases)·Altria Group (45 cases)
This dispute contains 12 other proceedings
UPC CFI 313/2026·UPC CFI 167/2025·UPC CFI 164/2025·UPC CoA 71/2025·UPC APP 67869/2024 and 7 more
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More cases: Court of Appeal·2025
- 2026-01-09Withdrawal (RoP265)Public
Summary: The Court of Appeal permitted VMR Products LLC to withdraw its appeal against the Central Division Paris partial revocation decision (UPC_CFI_310/2023, 22 January 2025), which had partially revoked EP 3 613 453, maintaining it based on claims 6, 7 and 8 in combination with claim 1. The withdrawal followed the EPO Boards of Appeal revoking the patent in full on 11 November 2025. Court fees were reimbursed under the pre-2026 rate of 20% (action withdrawn before closure of oral procedure).
Show the legal issues (4)
- Withdrawal of appeal under R.265 RoP
- Reimbursement of court fees under R.370.9(b)(iii) RoP
- Effect of EPO revocation on pending UPC appeal
- Transitional application of amended court fee rules
| Document title | Date | Public |
|---|---|---|
| Case closed | 2026-01-16 | Not public |
| Decision | 2026-01-12 | Not public |
| Decision | 2026-01-12 | Public |
| Cover sheet | 2025-12-11 | Not public |
| Other document Respondent | 2025-12-11 | Not public |
| Receipt | 2025-12-11 | Not public |
| Order | 2025-12-05 | Not public |
| Order | 2025-12-05 | Public |
| Cover sheet | 2025-12-01 | Not public |
| Other document Appellant | 2025-12-01 | Not public |