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ARTICLE · 20 FEBRUARY 2025

UPC Revokes Patent Through A Decision By Default

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In a decision issued on 16 September 2024 by the Paris Central Division of the Unified Patent Court (UPC), BMW secured a decision by default against ITCiCo Spain S.L. in a revocation action.

United KingdomIntellectual Property
Thomas Prock
Thomas Prock
Krishna Darshan Raghavan
Krishna Darshan Raghavan
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In a decision issued on 16 September 2024 by the Paris Central Division of the Unified Patent Court (UPC), BMW secured a decision by default against ITCiCo Spain S.L. in a revocation action. The Court's ruling to revoke ITCiCo's patent came after ITCiCo failed to meet procedural deadlines and BMW presented strong invalidity arguments.

1. Failure to Submit a Defence on Time

ITCiCo was formally served BMW's statement of claim on 25 November 2023, according to the Case Management System (CMS), although postal records show the claim was delivered as early as 23 November 2023, giving ITCiCo two extra days. Instead of submitting a defence, ITCiCo requested an extension of time on the last day of the two-month deadline of 25 January 2024. BMW applied on 2 February 2024 to have ITCiCo's extension request rejected and, at the same time, requested a decision by default.

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