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ARTICLE · 12 MARCH 2025

CD Munich, February 28, 2025, Order, UPC_829/2024

Bardehle Pagenberg
Bardehle Pagenberg
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The revocation action was initiated by the defendant against the original claimant (Virdia Inc.).

GermanyIntellectual Property

Key takeaways

Revocation action initiation (R. 42 RoP)

The revocation action was initiated by the defendant against the original claimant (Virdia Inc.).

Application for substitution of parties (R. 305 RoP)

The original claimant (Virdia inc.) applied to substitute the party with the new patent proprietor International N&H Denmark ApS.

This is supported by a 2024 patent assignment transferring ownership of the patent in suit.

Admissibility & grounds of substitution (R. 42, 305.1(c), 8.5, 8.6 RoP)

The application for substitution was found admissible and well-founded.

It ensures the revocation action is against the correct party, the actual proprietor.

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