EPO Board of Appeal revokes Atlas Global’s wifi patent despite opponents’ withdrawal

Atlas Global Technologies, a US-based non-practising entity, owns the two patents EP 3 353 901 and EP 3 186 937. The patents relate to wireless communication technology in the wifi standard. The patent holder sued Singapore based TP-Link and French Vantiva for infringement of both patents at the UPC. Parallel to the actions at the Düsseldorf local division, opposition proceedings were pending at the EPO, launched by the defendants, both manufacturers of wifi-enabled network equipment.

In August last year, the Opposition Division revoked EP 901 due to added subject matter. In December 2025 the EPO also revoked EP 937. Atlas Global appealed both decisions.

In both cases, the UPC local division Düsseldorf decided in September to stay the proceedings pending the decisions of the EPO.

Appeal ruling despite withdrawal

In October 2025, Vantiva withdrew its oppositions against both EP 901 and EP 937. Simultaneously Atlas Global withdrew its infringement claims and Vantiva its counterclaims for revocation at the UPC (case IDs: UPC_CFI_407/2024, UPC_CFI_314/2024, UPC_CFI_686/2024 and UPC_CFI_568/2024).

In late July, shortly before the oral hearing in the appeal regarding EP 901, TP-Link also withdrew its oppositions in both cases. Nevertheless the appeal in EP 901 ran its course.

Now the Boards of Appeal have come to the conclusion that EP 901 could not be maintained in any requested form: the granted claims lacked novelty, most fallback versions lacked inventive step, and two fallback versions added undisclosed subject-matter. The appeal was therefore dismissed (case ID: T 1230/25).

No more grounds for UPC dispute

The decision effectively removes the basis for Atlas Global’s infringement claims across UPC territory. In view of the withdrawal of the oppositions in both cases and the withdrawal of the UPC actions between Atlas Global and Vantiva, it seems highly likely that the parties have reached an agreement.

According to Blomberg Law, in a parallel US dispute, Atlas Global and TP-Link asked the US District Court for the Eastern District of Texas to dismiss the case with prejudice, telling the court that “they have resolved their claims and counterclaims”. However, this has not been officially confirmed by either party.

Counsel line-up

Patent attorneys Thomas Hell and Rudolf Reichold from Bosch Jehle represented Atlas Global Technologies in both of the EPO opposition proceedings against TP-Link and Vantiva. The Munich-based patent attorney firm regularly acts for the client in filing and prosecution.

At the UPC, Atlas Global Technologies banked on a team from Düsseldorf boutique Wildanger. Partners Jasper Meyer zu Riemsloh and Peter-Michael Weisse led the team in both cases with Eva Geschke also acting in the TP-Link case and Alexander Wiese in the case for Vantiva.

TP-Link relied on Clifford Chance partners Tobias Hessel and Stefan Richter from the Düsseldorf office. While Richter led the EPO opposition against Atlas Global, Hessel was in the lead at the UPC. The team included counsel Thomas Misgaiski and associates Marie Gessat, Yang Cao, and Lisa Philipps.

Vantiva instructed a mixed team from Meissner Bolte, led by litigator Andreas Kabisch and patent attorney Julian Würmser. The team also included lawyers Moritz-Melchior Bloser and Niels Christof Schuh, as well as patent attorney Florian Meyer.