Invalidity · first instance · 2019-10-16
000011137
Contested design: 001292122-0001
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must pay EUR 750 in costs.
Show verbatim operative text
The application for a declaration of invalidity is upheld. Registered Community design No 001292122-0001 is declared invalid. The holder bears the applicant’s costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
B&Bartoni, spol. s r.o.
Czechia (CZ)
Doubravička 18, 294 30 Dolní Cetno, Czech Republic
Represented by
Holder · RCD owner
Hypertherm, Inc.via PDF extraction
United States (US)
P.O. Box 5010, Etna Road, Hanover, New Hampshire 03755, United States of America
Represented by
Prior art cited (1)
electrode design disclosed in an international patent publication
WO 2007/098144; PCT/US2007/004343 · WIPO · disclosed 2007-08-30
Legal grounds invoked
Argument summary
- ›The applicant argued that the electrode was a component part of a complex product, was not visible during normal use once mounted in the torch, and had also been disclosed earlier in a WIPO patent publication.
- ›The holder argued that the electrode was a consumable rather than a component part of a complex product, that replacement and purchase counted as normal use, and that the prior publication did not destroy novelty.
- ›The Invalidity Division found that the plasma cutting system and torch were complex products, the electrode was a component part, and visibility during replacement, assembly, or purchase was irrelevant because those acts were maintenance rather than normal use.
- ›The application was upheld under Article 25(1)(b) in conjunction with Article 4(2) CDR, the RCD was declared invalid, and the holder was ordered to pay costs.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberBenjamin VAN BAVEL
- MemberMichele M. BENEDETTI-ALOISI
Decision files
| Language | Type | Source link |
|---|---|---|
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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