UPC CFI, CD Paris, 28 May 2025: patent revoked for Germany only - added matter

German part of European patent revoked (Article 65 UPCA). 

The Unified Patent Court can revoke European patents for one or more individual UPC Member States if so requested (Article 34 UPCA, Article 76 UPCA). 

No stay until Opposition Division has decided (Article 33(10) UPCA, R. 295 RoP). Claimant's interest in obtaining a timely judgment and the interest in conducting proceedings which can be terminated in approximately one year outbalance Defendant's interests. The reasons given by the Court to decline a stay prior to the oral hearing, particularly the advanced stage of the proceedings, apply even more and a fortiori after the oral hearing. 

Added matter claims 1 and 9 – inadmissible generalization (Article 138(1)(c) EPC). The Court holds that the parent application does not provide support for claiming “requesting the streamlets (212) of the highest quality one of the copies (204, 206, 208) determined sustainable at that time” as stated in feature 1.7. [emphasis added]. By introducing the term “highest” in the claim as granted, this feature includes embodiments in which direct “jumps” to the highest quality are possible and introduce an inadmissible generalization. Indeed, this implies assessing whether, at a certain time, several higher qualities would be sustainable, a determination that neither the flow diagram of Figure 7 nor the (embodiment in the corresponding) description of the parent application foresees or suggests. 

IPPT20250528, UPC CFI, CD Paris, Aylo Premium v Dish Technologies