Key takeaways
Separation of proceedings: missing service by email outside the Contracting Member States
An infringement action was filed based on European Patent EP 3 666 797 against Defendants 1-4. Service on Defendants 1 to 3 could already be effected by email on July 11, 2023. However, as service on Defendant 4 was not possible by email and would not be accepted by Defendant 4 (as requested by the Chairman), service was therefore done pursuant to Rule 274.1.(a)(ii) of the Rules of Procedure and Regulation (EU) 2020/1784.
In this way, LD Munich found that waiting for successful service on Defendant 4 will lead to different timelines with regard to the deadline for submitting a response and all other deadlines so that the progress of the proceedings would be slowed down by 1-3 months.
Therefore, LD Munich found that this can be countered by separating the proceedings against Defendant 4 pursuant to Rule 303.2 RoP.
Division
Local Division Munich
UPC number
UPC_CFI_14/2023
Type of proceedings
Infringement Action – Procedural Order
Parties
Claimant:
- Amgen Inc.
Defendants:
- Sanofi-Aventis Deutschland GmbH
- Sanofi-Aventis Groupe S.A.
- Sanofi Winthrop Industrie S.A.
- Regeneron Pharmaceuticals Inc.
Patent(s)
EP 3 666 797 B1
Body of legislation / Rules
- Rule 274.1.(a)(ii) RoP
- Rule 303.3 RoP
- Rule 337 RoP
- Regulation (EU) 2020/1784 of the law of the European Union on the service of documents in civil and commercial matters
