EPLAW PATENT BLOG

FR – Otis v. Schindler (07/07376)

Posted: July 1st, 2009

Otis Elevator Company v. S.A.
Schinlder, infringement and invalidity proceedings, Tribunal de Grande
Instance, Paris, France, 1 July 2009, Docket No. 07/07376,
with thanks to Pierre Véron, Véron & Associés

As the person skilled in the art had at his disposal all the characteristics of the preamble of asserted claim 1 in the prior German patent application, and since the roping technology allowed him to reduce the size of the sheaves, he did not need any inventive step to rationalize their assembling using a common shaft, without this technical arrangement impairing the functioning of the elevator. In view of these considerations, the Tribunal considers that claim 1 is invalid.

Also claims 1, 3, 5, 6, 7, 8, 11 and 13 of EP1 567 440 held by Otis are invalid for lack of inventive step.

Since the asserted claims are invalid, the infringement claims are without object.

Read the judgment (in French) here.

Read the judgment (in English) here.

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