Home » UPC decisions » Central Division » CD Munich, December 28, 2023, Preliminary Order, UPC_CFI_75/2023

CD Munich, December 28, 2023, Preliminary Order, UPC_CFI_75/2023

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Key takeaways

Upon request under Rule 262.1(b) RoP of the Applicant to make available all written pleadings and evidence the Court decided to wait for the outcome of appeal proceedings (App_584498/2023) before proceedings with the application since it is considered highly likely that the the outcome of the appeal proceedings will be determinative of the success or otherwise of the Applicant’s request in the present case.

Applicant was requested to provide the decision in the appeal proceedings within 3 weeks from the publication of the Court of Appeal decision on the court’s website or within 3 weeks from the Cour of Appeal decision becoming available through other means to the Applicant, whichever comes sooner. A request to inform the Court of Appeal directly of the oder staying the present proceedings was rejected as there is no legal basis for this request and as the court has no access to the Court of Appeal (CMS) file.


Central Division (Section Munich)

UPC number


Type of proceedings

Revocation Action


  1. Applicant:      Mathys & Squire LLP (London, GB)
  2. Relevant main proceeding parties:
    • Astellas Institute for Regnerative Medicine (Westborough, US) [Claimant]
    • Healios K.K (Tokyo, JP) [Defendant]
    • Riken (Saitama, JP) [Defendant]
    • Osaka University (Osaka, JP) [Defendant]


EP 3056563 B1

Body of legislation / Rules

Rule 262.1(b) RoP

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  • Philipp Bovenkamp

    German and European Patent Attorney, UPC Representative, Senior Associate

  • Stefan Lieck

    Attorney-at-Law (Rechtsanwalt), Certified IP Lawyer, UPC Representative, Partner

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