Home » UPC decisions » Local Division » LD Munich, February 2, 2024, procedural order, UPC_CFI_14/2023

LD Munich, February 2, 2024, procedural order, UPC_CFI_14/2023

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Key takeaways

According to Article 33(3)(c) UPCA, a Local Division may refer the case for decision to the central division based on the agreement of the parties. Strong counterarguments would be necessary for the Local Division not to grant such a request when all parties agree. After unanimous request of referral by all parties, the Local Division thus granted the request.

In the present case, while the Defendants requested to stay the infringement proceedings, the Local Division considered that a validity decision will be available fast enough. Thus, the Local Division did not have to stay the infringement proceedings. To allow for additional time for the CD’s written decision on validity, the Local Division may postpone the already scheduled interim conference.

Division

Local Division Munich

UPC number

UPC_CFI_14/2023

Type of proceedings

Patent infringement and counterclaim for revocation

Parties

Claimant: Amgen Inc.

Defendant 1): Sanofi-Aventis Deutschland GmbH

Defendant 2): Sanofi-Aventis Groupe S.A.

Defendant 3): Sanofi Winthrop Industrie S.A.

Defendant 4): Regeneron Pharmaceuticals Inc.

Patent(s)

EP3666797

Body of legislation / Rules

Rule 37 RoP, Art. 33(3) UPCA


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  • German and European Patent Attorney, UPC Representative, Senior Associate

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