Home » UPC decisions » Local Division » Munich Local Division » LD Munich, 17 July 2023, procedural order, UPC_CFI_14/2023

LD Munich, 17 July 2023, procedural order, UPC_CFI_14/2023

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Key takeaways

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

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  • Sebastian Müller

    German and European Patent Attorney, UPC Representative, Senior Associate

  • Jan Bösing

    Attorney-at-Law (Rechtsanwalt), UPC Representative, Partner

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