UPC Central Division: Maximum number of Invalidity
July 13, 2026
The party challenging the party had raised over 50 grounds for invalidity (12 based on claims exceeding the scope of the disclosure; 3 based on lack of novelty; 1 based on lack of industrial applicability; and 6 different grounds for 30 claims based on lack of inventive step). The court instructed the challenging the party to rank its lines of argument according to their importance and determined that it was appropriate to limit the assessment to a maximum number of different documents. The attacks not identified by the party challenging the patent as (most) promising will not be discussed on the merits because, when the party submits a number of attacks that appear to be unmanageable by the Court in accordance with the principles of and speed, and the same party is unable to re-module some of the attacks in such a way as to allow the Court to organise its time for the efficient management of the proceedings, it must be assumed that if the (most) promising attacks, after assessment of the Court, do not affect the validity of the claim(s), the others wouldn’t have done so either (Central Division Milan, 23 October 2025,CFI 497/2024, CFI 571/2024).