T 2470/16 () of 17.1.2020

European Case Law Identifier: ECLI:EP:BA:2020:T247016.20200117
Date of decision: 17 January 2020
Case number: T 2470/16
Application number: 11001414.9
IPC class: A61K 31/4412
A61P 11/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 222 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Title of application: Pirfenidone treatment for patients with atypical liver function
Applicant name: Intermune, Inc.
Opponent name: Sandoz AG
Board: 3.3.01
Headnote: -
Relevant legal provisions:
European Patent Convention Art 113(2)
Keywords: Agreement to text withdrawn by patent proprietor


Cited decisions:
T 1244/08
T 2054/08
Citing decisions:

Summary of Facts and Submissions

I. Following the grant of European patent No. 2 343 070, a notice of opposition to that patent was validly filed.

II. The patent proprietor requested the rejection of the opposition and did not file any auxiliary requests.

III. The decision under appeal is the decision of the opposition division, announced on 14 October 2016 and posted on 8 November 2016, revoking the patent.

IV. The patent proprietor (appellant) filed an appeal against that decision, requesting that the decision under appeal be set aside and that the opposition be rejected.

V. In its reply to the appellant's statement setting out the grounds of appeal, the opponent (respondent) requested that the appeal be dismissed.

VI. The board issued a summons to oral proceedings.

VII. In a letter dated 8 January 2020, the appellant declared that it no longer approved of the text in which the patent had been granted and would not be submitting an amended text.

VIII. The board cancelled the oral proceedings

Reasons for the Decision

1. According to established case law of the boards of appeal, the declaration of the appellant (see point VII above), as the proprietor of a patent that has been revoked by the opposition division, is to be interpreted as the withdrawal of its appeal (see e.g. decisions T 1244/08 and T 2054/08).

2. Consequently, the decision under appeal revoking the patent becomes final.


For these reasons it is decided that:

The appeal proceedings are terminated.

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