Home » UPC decisions » Central Division » Munich Central Division » CD Munich, 11 October 2023, procedural order, UPC_CFI_80/2023

CD Munich, 11 October 2023, procedural order, UPC_CFI_80/2023

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Key takeaways

If parties use the appropriate workflows provided for in the Case Management System (CMS), the submission of written pleadings will automatically be notified to the other party/parties. The notification generated by the system is the “means of electronic communication” as meant in Rule 278.1 RoP or, as the case may be, the “relevant electronic message” as meant in Rule 271.6 RoP (which rule applies mutatis mutandis to written pleadings, Rule 278.4 RoP).

Parties are in principle under an obligation to use the CMS and the dedicated workflows in the CMS to lodge their submissions (Rule 4.1 RoP). It is the sole responsibility of the parties that this is done properly and timely. In any event, submissions and correspondence outside of the CMS should be limited to an absolute minimum.

Division

Munich Central Division

UPC number

UPC_CFI_80/2023

Type of proceedings

Revocation action

Parties

Astellas Institute for Regenerative Medicine

Healios K.K

Osaka University

Patent(s)

EP3056564

Jurisdictions

n/a

Body of legislation / Rules

Rule 4.1, 271.6, 278.1 RoP


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