in Torsten Duhme
5 IP cases indexed. Covers patent matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This UPC Appeal Court decision addressed a revocation action against an LED patent (EP 3 223 320). The central dispute revolved around whether the patent claims represented an impermissible expansion beyond the disclosure in the original international application. While the court discussed principles regarding translation and scope, it ultimately dismissed the appeal. This outcome is significant as it reinforces the validity of patents even when challenges based on improper claim drafting or scope extension are raised.
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH and expert klein GmbH
This UPC Appeal Court decision addressed a revocation action against an LED patent, focusing heavily on the interpretation of prior art and the scope of claims. The court ultimately dismissed the appeal, finding that the claim did not impermissibly extend beyond the content of the earlier application. This ruling reinforces strict standards for interpreting disclosures in patent applications, particularly when dealing with translations of international filings.
Expert e-Commerce GmbH v.Seoul Viosys Co., Ltd.
In a significant decision regarding patent scope, the UPC Board of Appeal invalidated key claims of EP 3 926 698. The core finding centered on the doctrine of impermissible expansion, holding that a claim cannot extend beyond what was clearly and unambiguously disclosed in the original application documents. This ruling reinforces strict interpretation requirements for divisional applications, emphasizing that the scope must be traceable to both the initial filing and the parent PCT application. For patent practitioners, this case serves as a strong reminder of the critical importance of precise drafting and disclosure during the prosecution phase.
expert klein GmbH v.Seoul Viosys Co., Ltd.
In this UPC appeal, expert klein GmbH successfully challenged the validity of EP 3 926 698 held by Seoul Viosys Co., Ltd. The court ruled that Claim 1 was invalid because it contained an impermissible extension of subject matter. Specifically, features not clearly and unambiguously disclosed in the original application or PCT filing were deemed outside the scope of protection. This decision reinforces strict interpretation principles regarding claim scope derived from initial patent disclosures, a critical point for IP strategy.
Seoul Viosys Co., Ltd. v.expert klein GmbH; expert e-Commerce GmbH
This decision from the UPC Board of Appeal addresses procedural matters following an oral hearing in a complex infringement and revocation case. The claimant, Seoul Viosys Co., Ltd., attempted to submit additional written arguments after the proceedings concluded. The Court firmly ruled that once the oral phase is complete, the matter is ready for judgment, and further submissions are generally inadmissible unless explicitly permitted by the court under strict rules.
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