Home » UPC decisions » Luxembourg Court of Appeal » CoA Luxembourg, July 30, 2024, procedural order, UPC_CoA_405/2024

CoA Luxembourg, July 30, 2024, procedural order, UPC_CoA_405/2024

Kerstin Galler

2 min Reading time

Table of Contents

  1. Key takeaways
  2. Division
  3. UPC number
  4. Type of proceedings
  5. Parties
  6. Patent(s)
  7. Jurisdictions
  8. Body of legislation / Rules

Download decision(s) (PDF)

Key takeaways

No shortening of term for response in appeal proceedings due to filing of grounds of appeal prior to end of term or due to contention on a purely legal issue

✓

The arguments that an appeal concerns purely legal issues, the appellant seeks patent protection as soon as possible and the fact that the appellant did not make use of the entire time period within which it could have lodged its statement of grounds of appeal are not sufficient to justify that the time period for the respondents’ statement of response in appeal proceedings concerning an application for a preliminary injunction is shortened.

UPC_CoA_405-2024_Alexion-Amgen_enDownload

Division

CoA Luxembourg

UPC number

UPC_CoA_405/2024

APL_40553/2024

App_43889/2024

Type of proceedings

Appeal proceedings, Proceedings on provisional measures

Parties

Alexion Pharmaceuticals, Inc.

Amgen Technology (Ireland) Unlimited Company, Amgen B.V., Amgen GmbH (GER), Amgen GmbH (AUT), Amgen AB, Amgen SAS, Amgen srl, Amgen Biopharmaceutica Lda., Amgen Zdravila DOO

Patent(s)

EP 3 167 888

Jurisdictions

Place jurisdictions

Body of legislation / Rules

Rule 9.3 (b) RoP, Rule 220.1 (c) RoP, Rule 235.2 RoP

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