Fish Wins Major European Patent Office Decision

European Patent Office Revokes University of Neuchatel Solar Technology Patent in Pivotal March 31 Decision

Berlin, Germany, April 2009 - As lead counsel arguing on behalf of four opponents, Fish & Richardson won a major European Patent Office (EPO) decision on March 31, 2009 when the EPO issued an oral decision revoking the University of Neuchatel's (the Neuchatel patent) European Patent No. EP 0 871 979. The Neuchatel patent, which pertains to solar photovoltaic (PV) technology, is the subject of a patent infringement lawsuit filed in Germany by OC Oerlikon Balzers AG, Liechtenstein.

Following oral proceedings in Berlin, Germany, the EPO panel ruled that the Neuchatel patent is invalid in its entirety and accordingly revoked the patent. The University of Neuchatel may appeal this decision to an EPO Board of Appeal.