4 Key Takeaways For Litigants Filing UPC Revocation Actions

NJOY Netherlands B.V. v. VMR Products LLC, Central Division Paris, Decision issued on 27 November 2024, ACT_571565/2023, UPC_CFI_308/2023

Background

On 14 September 2023, NJOY filed a revocation action with the Unified Patent Court's (UPC) Central Division Paris against VMR's European patent EP 3 456 214 B2. The patent relates to the field of vaporizers, also known as electronic cigarettes. NJOY argued the patent was invalid due to lack of inventive step. With its statement of defence to the revocation action VMR also filed a conditional application to amend the patent with 35 auxiliary requests. In its reply to the defence for revocation and in its defence against the application to amend the patent, NJOY submitted new evidentiary documents. The defendant VMR objected to the admission of these documents, arguing they could have been submitted with the statement of revocation already.