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Updates on EPC, PCT, EPO case law and the e-EQE
T 558/22 – Late filed requests do not necessarily imply a different apportionment of costs
by Daniel X. Thomas
EP 3 071 722 B1 relates to an integrated sintering process for microcracking and erosion resistance of thermal barriers.
Brief outline of the case
The opposition was rejected and the opponent appealed.
Before the OD, the opponent had requested a different apportionment of costs which was refused by the OD
The opponent appealed the OD’s decision not to allow a different apportionment and requested a different apportionment of costs in appeal.
T 542/23 – Public availability of a piece of prior art – Applicable criterion
by Daniel X. Thomas
EP 3 400 943 B1 results from a divisional application of EP 2 827 900 published as WO 2013/142875, and relates to an amorphous solid dispersion for use in the treatment of local or metastatic brain cancer that is caused by ErbB2 over-expression or amplification.
Brief outline of the case
Both oppositions were rejected and both opponents appealed.
T 1770/22 – Not everything disclosed need to be claimed, but then the description needs to be adapted
by Daniel X. Thomas
EP 3 021 691 B1 relates to methods and systems for incorporating nicotine into oral products, e.g. a nicotine containing chewing gum.
Brief outline of the case
The OD decided revocation of the patent for lack of N of claim 1 as granted over D3, and AR1-3 infringed Art 123(2).
EP 1 740 740 B1 – Not only does the UPC wants to have a long arm, its arm is also meant to reach backwards
by Daniel X. Thomas
EP 1 740 740 B1 relates to a compact service module which is intended for electrolytic aluminium production plants.
Brief outline of the case
In a decision of the Düsseldorf Regional Court (4c O 1/21), dated 09.08.2022, the defendant was ordered to stop infringement of patent EP 1 740 740 B1 and damages were awarded to its proprietor.