This legal order from the Court of Appeal of the Unified Patent Court involves Advanced Brain Monitoring, Inc. appealing a decision by the Local Division, which dismissed their infringement action and revoked their patent relating to a sleep position therapy device. The respondents, Philips and others, had contested the patent’s validity, filing a counterclaim for revocation, arguing lack of novelty and inventive step particularly in light of Japanese patent JP H03-49748. They succeeded in the first instance.

The Court of Appeal held that the respondents’ request to determine the admissibility of additional auxiliary requests filed by the appellant during the appeal should be assessed at a later stage, as it is tightly linked to the procedural context. The appellant seeks to overturn the previous decision by amending claims, while the court defers immediate decision on admissibility, ensuring respondents have a fair opportunity to address these requests in their response.