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Proceeding Decision

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Main Details:

Registry number
ACT_555899/2023
Date
Parties
BITZER Electronics A/S
v.
Carrier Corporation
Order/Decision reference
ORD_598395/2023
Type of action
Revocation Action
Language of Proceedings
English
Court - Division
Court of First Instance - Paris (FR) Central Division - Seat

English Headnotes:

1. The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims. 2. In a situation in which the patent is not entirely attacked, the patent proprietor is entitled to propose amendments to the challenged claims also by inserting features, omitted in the original claims, mentioned in the non-attacked claims. 3. Grounds for revocation that could have been included in the initial statement to revocation are inadmissible if they do not relate to the content of the defence raised by the opposing party or to the application to amend the patent and, therefore, do not constitute a legitimate response to them.

English Schlüsselwörter:

amendments to patent; written procedure