NJOY v Juul Labs (UPC CFI 316/2023,)
Decision date:
17 January 2025
Osborne Clarke summary
- NJOY brought an action for revocation against Juul Labs before the Paris CD. The patent in question, EP 921, concerned a 'Vaporization Device System' for creating inhalable aerosol devices using a heater and a mouthpiece connected to a fluid storage compartment.
- The Paris CD revoked Juul Labs' patent on the basis of added matter. Specifically, it held that the patent added matter compared with the application as filed in relation to the attachment of the heater and mouthpiece to the fluid storage compartment.
- The court did not admit late-filed auxiliary requests, as well as another late submission from the defendant, due to the front-loaded nature of the UPC proceedings and the lack of a good reason for their late introduction.
Issue
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