UPC_CoA_71/2025

The Court of Appeal dismissed VMR Products' appeal against the Central Division decision revoking EP 3 456 214 (vaporiser/e-cigarette patent). All claims, including auxiliary requests and dependent claims 12–14, were found to lack inventive step, primarily in view of prior art document Pan. The appeal raised procedural issues about the permissibility of new invalidity grounds in the Defence to the Application to Amend (R. 43.3 RoP) and the admission of new evidence. VMR Products bears NJOY's costs up to the applicable ceiling.