European Patent Office

T 1891/20 (Switching subscriptions/THALES) of 15.11.2021

European Case Law Identifier
ECLI:EP:BA:2021:T189120.20211115
Date of decision
15 November 2021
Case number
T 1891/20
Petition for review of
-
Application number
14824813.1
IPC class
H04W 8/18
Language of proceedings
English
Distribution
No distribution (D)
OJ versions
No OJ links found
Abstracts for this decision
-
Application title
Method for accessing a service and a corresponding device
Applicant name
Thales Dis France SAS
Opponent name
IDEMIA France
Giesecke+Devrient Mobile Security GmbH
Giesecke & Devrient GmbH
Board
3.5.03
Headnote
-
Relevant legal provisions
European Patent Convention Art 104(1)European Patent Convention Art 105(1)(a)European Patent Convention Art 108European Patent Convention Art 128(4)European Patent Convention Art 54European Patent Convention Art 56European Patent Convention R 144(d)European Patent Convention R 151European Patent Convention R 99(2)Rules of procedure of the Boards of Appeal 2020 Art 010(6)Rules of procedure of the Boards of Appeal 2020 Art 012(6)Rules of procedure of the Boards of Appeal 2020 Art 013(2)Rules of procedure of the Boards of Appeal 2020 Art 016(1)
Keywords
Admissibility of intervention - (yes): coordination of procedural acts by opponents and/or interveners is not vexatious or illegitimate
Admissibility of appeals
Admissibility of appeal - (yes): distinction between admissibility of an appeal vs. admittance of late-filed submissions
Abuse of procedure - (no): referring to evidence provided by other parties is no "abuse of procedure"
Inventive step - main request (no)
Admittance of claim request filed after summons - (no): no exceptional circumstances
Apportionment of costs - (no)
Exclusion of documents from file inspection - annexes 3 and 4 (yes): prejudicial to the parties' legitimate personal or economic interests
Catchword
-

Order

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The patent is revoked.

3. The requests for apportionment of costs are refused.

4. The appeal fee paid by the respondent is reimbursed at 50%.

5. Annexes 3 and 4 to the respondent's reply to the notice of intervention are excluded from file inspection.