Huntsman (Europe) BV and Huntsman Holland BV v. BASF SE, UPC, CFI, Paris Central Division, Case no. UPC_CFI_461/2025
On 22 April 2026, Huntsman sought a declaration of invalidity against BASF in respect of EP 1 516 720, which relates to a polyurethane “adhesion promoter” and composite elements comprising this adhesion promoter. Although the patent expired in August 2024, the Court held the action to be admissible. It confirmed that expiry does not automatically remove a claimant’s legal interest in revocation where the patent proprietor may still pursue damages for alleged infringements during the patent’s term. That interest must be genuine, and was satisfied here by BASF having already taken steps in Belgium to preserve evidence for potential infringement proceedings. The decision provides clear confirmation that post‑expiry invalidity actions remain available where they serve to eliminate the basis for ongoing or threatened damages claims.
On the merits, the Court considered novelty and inventive step. A key issue was the requirement that the adhesion promoter be “still reactive” when applied, which the Court interpreted as requiring a liquid mixture of at least two components whose curing reaction is not yet complete when the foam layer is applied. While the claims as granted were novel, they were found to lack an inventive step in light of WO 98/01279, which already disclosed reactive two‑component resins, with the claimed density ranges reflecting common practice.
The patent was nonetheless maintained in amended form on the basis of BASF’s auxiliary request. The amended claims further restricted the chemical composition of the adhesion promoter, including by specifying a reaction ratio between polyisocyanates and polyetherols and or polyesterols. These amendments were held to be allowable, and the claims as amended were found to be clear, novel and inventive. The request for revocation was therefore dismissed, with costs split to reflect partial success, with Huntsman ordered to bear 70 percent and BASF 30 percent.
A copy of the decision can be found here.
