Home » UPC decisions » Local Division » LD Munich, 29 August 2023, Procedural order on effective service of Statement of Claim in case of subsequently filed exhibits, UPC_CFI_14/2023

LD Munich, 29 August 2023, Procedural order on effective service of Statement of Claim in case of subsequently filed exhibits, UPC_CFI_14/2023

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Key takeaways

A Statement of Claim can be filed and served on the defendant effectively in accordance with R. 13 RoP if the exhibits are announced to merely be filed subsequently. Exhibits have not yet been “relied on” or “referred to” as evidence within the meaning of R. 13 RoP by the announcement, so that a statement of claim is complete even without them. There are legitimate reasons for such an approach, as the time of effective service and the manner of service is uncertain for the plaintiff and there are uncertainties, such as the fact that service by registered letter/return receipt may depend on the total weight of a registered letter.

The defendant’s right to be heard as regards the subsequently filed exhibits can be granted sufficiently by reasonably adjusting the deadline regime. It may have to be taken into account here if the defendant, as a party to parallel proceedings, is already familiar with the exhibits, if they are publicly available or if they relate to the attacked embodiment.

Division

Local Division Munich

UPC number

UPC_CFI_14/2023

Type of proceedings

Procedural order on point in time of service of statement of claim and harmonisation of current deadlines.

Parties

  • Amgen Inc. (plaintiff)
  • Sanofi-Aventis Deutschland GmbH (defendant)
  • Sanofi-Aventis Groupe S.A. (defendant)
  • Sanofi Winthrop Industrie S.A. (defendant)
  • Regeneron Pharmaceuticals Inc. (defendant)

Patent(s)

EP 3 666 797

Body of legislation / Rules

  • R. 271 RoP
  • R. 13 RoP
  • R. 220.2 RoP

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