Main Details: Registry number ACT_555899/2023 Date 29 July, 2024 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 Keywords: amendments to patent; written procedure Back to Decisions and Orders
Main Details: Registry number ACT_555899/2023 Date 29 July, 2024 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 Keywords: amendments to patent; written procedure Back to Decisions and Orders