UPC_CoA_523/2024

The Court of Appeal (Second Panel) ruled on admission of new evidence in the appeal by Sumi Agro against the Munich Local Division's provisional measures order in favour of Syngenta concerning EP 2 152 073. Exhibit SA17 (new pages from a publication already partly submitted at first instance) was disregarded as Sumi Agro failed to justify why these additional pages could not have been submitted earlier. Syngenta's Exhibits FF28-29 were also disregarded. However, Syngenta's Exhibits FF24-27 (concerning a possibly changed version of the contested Kagura product) were admitted, as they related to new evidence about a product modification.