| European Case Law Identifier: | ECLI:EP:BA:2020:T125816.20200206 | ||||||||
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| Date of decision: | 06 February 2020 | ||||||||
| Case number: | T 1258/16 | ||||||||
| Application number: | 07837326.3 | ||||||||
| IPC class: | A61K 31/573 A61P 35/00 A61K 31/58 A61K 45/06 |
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| Language of proceedings: | EN | ||||||||
| Distribution: | D | ||||||||
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| Title of application: | Compositions for treating cancer | ||||||||
| Applicant name: | Janssen Oncology, Inc. | ||||||||
| Opponent name: | Alfred E. Tiefenbacher (GmbH & Co. KG) Helm AG Laboratorios Léon Farma, S.A. STADA Arzneimittel AG Hetero Drugs Ltd. CABINET LAVOIX Synthon B.V./Genthon B.V. Galenicum Health S.L. Teva Pharmaceutical Industries LTD. Maiwald Patent- und Rechtsanwaltsgesellschaft mbH Generics [UK] Limited Actavis Group PTC ehf Gallafent, Alison Patentanwälte Isenbruck Bösl Hörschler PartG mbB Zentiva k.s. |
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| Board: | 3.3.01 | ||||||||
| Headnote: | - | ||||||||
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| Keywords: | Basis of decision - text or agreement to text withdrawn by patent proprietor | ||||||||
| Catchwords: |
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Summary of Facts and Submissions
I. The patent proprietor (appellant) lodged an appeal against the decision of the opposition division revoking the European patent No. 2 061 561.
II. With the statement of grounds of appeal, the appellant filed an amended main request and auxiliary requests 1 to 7.
III. Summons to oral proceedings accompanied by a communication pursuant to Article 15(1) RPBA 2007 were issued by the board.
IV. In a letter dated 28 January 2020, the appellant's representative stated that the appellant withdrew all requests on file and its approval of the text upon which the patent was granted, that it would not be submitting any replacement text and that it understood the consequences that will follow from this action.
V. Oral proceedings were cancelled.
Reasons for the Decision
1. The appeal is admissible.
2. According to established jurisprudence of the boards of appeal, the declaration of the appellant (see point IV above), as the proprietor of a patent that has been revoked by the opposition division, is to be interpreted as the withdrawal of its appeal (see inter alia T 1244/08, T 2054/08, T 203/12), with the consequence that the appeal proceedings are terminated and the decision of the opposition division (i.e. revocation of the patent) becomes final.
Order
For these reasons it is decided that:
The appeal proceedings are terminated.
