Key takeaways
UPC proceedings (here provisional measures proceedings under R. 206 RoP) require a flexible and balanced case management approach, ensuring swift relief while respecting the rights of all parties
The Court must balance the applicant’s right to a fast remedy against the respondent’s right to be heard and the panel’s need for adequate preparation time.
A respondent’s prior awareness of the allegation of infringement due to ongoing proceedings based on equivalent patent in other jurisdiction may be considered when assessing the time needed to prepare an objection
The Court found that the respondent group was already aware of the four patents and the allegation of infringement due to ongoing parallel Australian proceedings based on four Autralian patents, which are the Atralian equivalents of the patents asserted in the present proceedings. This reduced the need for extensive preparation time for the UPC proceedings.
A fixed deadline for an objection, set to account for potential service delays, will not be extended due to temporary technical issues like a party’s lack of access to the CMS
The Court rejected the respondent’s argument that time without CMS access should be added to the deadline, clarifying the date was fixed intentionally to manage the schedule.
A party’s consent to a time extension under R. 9.3(a) RoP is legally ineffective if it is subject to a condition that the Court determines cannot be met
The applicant consented to an extension only if the hearing date was unchanged. Since the Court found this impossible, it concluded no valid consent was given.
Division
Local Division Munich
UPC number
UPC_CFI_2307/2026
Type of proceedings
Proceedings for provisional measures
Parties
Applicant: OXFORD NANOPORE TECHNOLOGIES PLC
Respondents: MGI TECH GmbH, MGI TECH CO., LIMITED, BGI HANGZHOU CYCLONESEQ TECHNOLOGY CO., LTD, SHENZHEN BGI GENOMICS CO., LTD
Patent(s)
EP 2 422 198 B1, EP 2 715 343 B1, EO 2 964 779 B1, EP 3 097 210 B2
Jurisdictions
UPC, Liechtenstein, Switzerland, Ireland, UK
Body of legislation / Rules
R. 9.3(a) RoP, R. 209.1 RoP
