T 0786/11 (SDU discarding/INNOVATIVE SONIC) of 12.06.2014
- European Case Law Identifier
- ECLI:EP:BA:2014:T078611.20140612
- Date of decision
- 12 June 2014
- Case number
- T 0786/11
- Petition for review of
- -
- Application number
- 05016910.1
- IPC class
- H04L 1/18
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Enhanced SDU discard procedure for a special data segmentation in a wireless communication system
- Applicant name
- Innovative Sonic Limited
- Opponent name
- Telefonaktiebolaget L- M Ericsson (publ)
- Board
- 3.5.05
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 54European Patent Convention Art 56European Patent Convention Art 84Rules of procedure of the Boards of Appeal Art 13(1)Rules of procedure of the Boards of Appeal Art 13(3)
- Keywords
- Respondent's identity - change of legal entity (no)
Novelty - main request (no)
Admission of first and second auxiliary requests - (yes)
Clarity - first auxiliary request (no)
Admissibility of challenging second auxiliary request - (yes)
Inventive step - second auxiliary request (no) - Catchword
- A legal entity moving completely from one country to another does not necessarily change its identity or cease to exist. The legal consequences depend rather on the national legal provisions concerned.
The laws of the British Virgin Islands (BVI) and of the Republic of Mauritius allow - under certain conditions - a legal entity registered as a company incorporated under BVI law to continue to exist as a company registered under the jurisdiction of Mauritius without any effect on its legal identity and thus on its party status (see point 2).
Order
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The patent is revoked.