Key takeaways
Proceedings against various defendants can be separated, if service on one defendant takes longer than service on the other defendants.
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.
Only parties, who are (already) represented by a lawyer in the proceedings, must be heard.
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.
After a separation of the proceedings, advanced court fees are regularly to be divided equally between the two proceedings, R. 303.3 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