Key takeaways
Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions
Parties are under an obligation to use the CMS and the dedicated workflows in the CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that this is done properly and timely. The Court will try to be helpful where possible in resolving CMS related issues. Submissions and correspondence outside of the CMS should be limited to an absolute minimum.
Submission of written pleadings will automatically be notified
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.
Registry will ask the party to submit the written pleadings via the appropriate workflow if an inappropriate workflow was used
If a party files written pleadings via an inappropriate workflow, the registry will ask the party to submit the written pleadings via the appropriate workflow (in the current case, written defence was submitted via workflow “Application to Amend” instead of the appropriate workflow “Defence”).
Division
Central Division (Section Munich)
UPC number
UPC_CFI_80/2023
Type of proceedings
Revocation Action
Parties
Claimant: Astellas Institute for Regnerative Medicine (Westborough, US)
Defendants:
- Healios K.K (Tokyo, JP)
- Osaka University (Osaka, JP)
Patent(s)
EP 3 056 564 B1
Body of legislation / Rules
- Rule 4.1 RoP
- Rule 271.6 RoP
- Rules 278.1, 278.4, 278.5 RoP
