Hard-fought appeal decided

Inspicos achieves major win at the EPO

During oral proceedings before the EPO’s Boards of Appeal on 23 February 2017, Inspicos obtained a major win on behalf of a leading international manufacturer of healthcare devices. The oral proceedings concluded more than 10 years of opposition and appeal. On the client’s behalf, Inspicos successfully defended the validity of the opposed patent on the basis of an amended version of the claims covering one of the client’s large product series. National infringement proceedings against various competitors have been pending in parallel with the validity proceedings at the EPO. Before the EPO, the patent was challenged by competitors from the US, The Netherlands, Austria, and Denmark. During opposition and appeal, the case has been the subject of a total of nine days of oral proceedings before the EPO.

The EPO’s Board of Appeal did already rule in favour of Inspicos’ client on the same patent twice. In a first appeal case rendered in 2011, the Board of Appeal confirmed that the invention was sufficiently disclosed in the patent, and in a second case it was held that the claims were adequately based on the application as originally filed. The oral proceedings in February 2017 were held in continuation of a two-day hearing in November 2016 and were primarily concerned with patentability, notably inventive step.

Inspicos successfully represented the client prior to grant of the patent, and has continued to represent the patentee throughout the opposition and appeal proceedings from 2006 until 2017. The Inspicos attorney team for the case has consisted of Jakob Pade Frederiksen and Peter Hertling, who have cooperated closely with the client’s in-house patent department.