Home » UPC decisions » Local Division » Munich Local Division » LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023

LD Munich, 17 July 2023, order re. separation of the proceedings, UPC_CFI 14_2023

3 min Reading time

Key takeaways

One of four defendants refused electronic service, while the other three defendants accepted electronic service. The Reporting Judge indicated that the consequence of later service on the last defendant could significantly delay the proceedings and therefore suggested that the proceedings against the last defendant be separated.

Since the defendant, who had not accepted electronic service, could not be heard on the question of separation of the proceedings against him, the Reporting Judge clarified that only parties, who are already represented by a lawyer need to be heard under Rule 337 RoP.

The Reporting Judge clarified that unless parties present reasons for a different allocation of the advanced court fees, these are regularly to be divided equally between the two separated proceedings.

Division

Local Division Munich, Reporting Judge Zigann

UPC number

UPC_CFI_14/2023

Type of proceedings

Infringement action

Parties

Claimant: Amgen Inc.

Defendants: Sanofi-Aventis Deutschland GmbH; Sanofi-Aventis Groupe S.A.; Sanofi Winthrop Industrie S.A.; Regeneron Pharmaceuticals Inc.

Patent(s)

EP3666797

Body of legislation / Rules

  • Rule 303.2 RoP
  • Rule 303.3 RoP
  • Rule 337 RoP
  • Rule 274 RoP

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