In line with the decision of the Paris Local Division regarding EP 866 of 4 July 2024, of which the patent at issue is a divional, the Munich Local Division revoked EP 685 for lack of inventive step
Lack of inventive step (Article 56 EPC).
On the basis of Berman, the skilled person is faced with the task of selecting a communication protocol for on-demand data transfer from the list disclosed in Berman, after having selected, for example, BLE as the communication protocol for broadcasts. In doing so, the skilled person will consider all the advantages and disadvantages attributed to the respective protocols, which are common general knowledge. In order to optimize the energy consumption and other resources of a CGM system, the skilled person receives from Berman the suggestion to use a nearfield communication protocol to generate and transmit a request in order to initiate an on-demand data transfer (see paragraph [0103] last sentence), which he knows to be significantly less energy-intensive than any of the other protocols (Bluetooth or Wi-Fi) listed for periodic data transfer. Nor does Berman teach against combining different communication protocols. On the contrary, Berman teaches that a combination is possible. This choice would not require drastic changes to the system known from Berman, in which the display device can typically be a smartphone.
IPPT20240731, UPC DFI, LD Munich, DexCom v Abbott
