Key takeaways
Where service takes place by way of electronic communication, service of written pleadings is deemed effective once a notification has been sent by the Case Management System (CMS).
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 obliged to use the CMS to lodge their submissions.
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
