UPC CFI, LD Hamburg, 30 April 2025: On scope of revocation, claim construction and introducing new arguments
09-08-2025 Print this page
Both infringement action (Article 25 UPCA) and counterclaim for revocation (Article 65 UPCA) dismissed.
Counterclaim for revocation may attack the patent in its entirety, even though single claims are not a part of the infringement request (Article 32(1)(e) UPCA, Article 65 UPCA).
Claim construction (Article 69 EPC).
Patent as “own lexicon”: The Court construes the feature “achromatic” according to the definition given in the description in para. [0021] of the patent based on the principle that a patent may be used as its “own lexicon”.
Specifications in the description that are not consistent with the granted claims cannot serve as a basis of a broad interpretation of a claim: Claimant deleted the term “chromatic colour” from claim 1 in order to distinguish it from US 2010/233441A1. […].
New invalidity grounds or new documents considered novelty destroying or convincing starting points for the assessment of lack of inventive step in the oral hearing for the first time (R. 263 RoP, R. 9.2 RoP).
