BITZER Electronics v Carrier (CFI, 5 April 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 5 April 2024 (UPC_CFI_263/2023, ACT_555899/2023), judge-rapporteur Catallozzi of the Paris Central Division recorded the decisions taken at the interim conference of 2 April 2024 in the revocation action brought by BITZER Electronics A/S against Carrier Corporation over EP 3 414 708. He excluded the late novelty attacks based on documents MB5 and MB6, but kept in the case the lack of priority entitlement ground and the insufficiency arguments. The order gives practical effect to the front-loaded character of UPC proceedings.

Question

At the interim conference stage (Rule 105.5 RoP), which late revocation attacks may still be considered, and on what test?

Decision

Late attacks are in principle inadmissible because they run counter to the front-loaded character of UPC proceedings. The novelty attacks based on MB5 and MB6 are excluded, as they could have been directed against the patent as granted. The insufficiency arguments, which target only the amended version of the patent, are admitted. The priority ground, sufficiently raised in the statement for revocation, stays in. The admissibility of the amendments not relating to claim 1 and of the challenge to the twelfth auxiliary request is left to the oral hearing. The value of the proceedings is set at EUR 250,000, as agreed by the parties, and the hearing is kept on 21 June 2024, since no EPO opposition decision is expected earlier. A new date would be set if the Court of Appeal ordered a stay.

Key points for practice

• Practical point: a revocation attack that could have been aimed at the granted patent belongs in the initial statement, only objections prompted by the proprietor’s amendments remain open later in the proceedings.

Provisions applied

Rules of Procedure

Rule 105.5

Related decisions

• Carrier v BITZER Electronics, 8 January 2024, order refusing a stay pending the opposition.
• Carrier v BITZER Electronics, 30 April 2024, panel review on the admissibility of the amendments.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.