Document Security Systems' EP 0455750 (which later was partially transferred to Trebuchet Capital Partners) relating to anti-counterfeiting technology was invalidated by the French first instance court because the subject-matter of the patent extended beyond the content of the application as filed. On appeal Document Security System argued that Articles 138(1)(c) and 123 EPC were applied by the court in a too strict and formalistic way. The court of appeal disagrees and confirms the earlier judgment.
The patent so far has been upheld in Germany, the Netherlands and Spain, while it has been invalidated in the United Kingdom, Austria, Belgium and now France. Invalidity proceedings in Italy are still pending. Infringement proceedings in Germany, the Netherlands and Spain have been initiated or are on their way.
Read the decision on appeal (in French) here.