EPO Maintains All Claims in Opposition Proceedings

The Firm is pleased to provide the successful unpublished result announced at the European Patent Office Opposition Proceedings concerning EP 1 590 398 yesterday. Save for administrative changes, the Opposition Division has maintained all claims in their 2007 originally granted form. The Firm’s principal attorney, Ed Sisson, who is also an inventor on the patent, worked closely with local counsel in Germany throughout the case’s 9 year history to prepare for, attend, and participate in all the briefs and hearings. Today’s hearing was no exception.

Ed had the following comment:

The long 9 year convoluted procedural history of this case from the Opposition Division to cross-appeals to the Appeals Board and the remittal to the Opposition Division makes today’s result quite satisfying. As an inventor, the decision validates the groundbreaking nature of our invention. As patent drafter, the decision to maintain the originally granted claims means we did our job well and “got it right” with the first set of claims.

Ed continued:

This is also one of the first cases in which I began collaborating with Dr. Peter Klusmann of Hoffmann Eitle on European Oppositions and European Litigations. The Firm’s alignment with Dr. Klusmann and Hoffmann Eitle has proven highly beneficial for our customers. We have worked closely with Dr. Klusmann over a number of years to develop a precise approach and execution strategy resulting in multiple wins and very few losses for the Firm’s customers.