ACT_551180/2023

COMPOSITIONS AND METHODS FOR ANALYTE DETECTION

RevocationMain Revocation ActionMunich CDRevocation Action—

Overview Decisions Reasoning Citations Documents Timeline

This case cites

Authorities cited within the decisions on file for this case.

Rules of Procedure · 20

Target	Legal point	Strength	Excerpt
43	jurisdiction	Binding	Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024.
58	jurisdiction	Binding	closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024.
35	jurisdiction	Binding	closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024.
28	jurisdiction	Binding	Parties were invited for an interim conference on the date set in the Rule 28 RoP order.
105.1	jurisdiction	Binding	The interim conference was held accordingly on 25 January 2024 by video conference (Rule 105.1 RoP).
Preamble 7	claim amendment	Binding	The judge-rapporteur reminded the parties of the front-loaded character of UPC proceedings, which means that parties shall set out their full case as early as possible in the proceedings (see e.g. Preamble 7 RoP).
104(j)	jurisdiction	Binding	the judge-rapporteur informed the parties that he intended to decide the value of the proceedings for the purpose of applying the scale of ceilings for recoverable costs (Rule 104(j) in connection with Rule 152.3 RoP).
152.3	jurisdiction	Binding	Rule 104(j) in connection with Rule 152.3 RoP
43	jurisdiction	Binding	Following the exchange of the written pleadings in accordance with Rule 43 RoP, the judge-rapporteur – after having informed the parties of his intention to do so – closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024.
58	jurisdiction	Binding	closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024.
35	jurisdiction	Binding	closed the written procedure pursuant to Rule 58 in connection with Rule 35 RoP on 24 January 2024.
28	jurisdiction	Binding	Parties were invited for an interim conference on the date set in the Rule 28 RoP order.
105.1	jurisdiction	Binding	The interim conference was held accordingly on 25 January 2024 by video conference (Rule 105.1 RoP).
Preamble 7	claim amendment	Binding	The judge-rapporteur reminded the parties of the front-loaded character of UPC proceedings, which means that parties shall set out their full case as early as possible in the proceedings (see e.g. Preamble 7 RoP).
104(j)	jurisdiction	Binding	Rule 104(j) in connection with Rule 152.3 RoP
152.3	jurisdiction	Binding	the judge-rapporteur informed the parties that he intended to decide the value of the proceedings for the purpose of applying the scale of ceilings for recoverable costs (Rule 104(j) in connection with Rule 152.3 RoP).
50.2	claim amendment	Binding	Permission for subsequent request to amend under Rule 50.2 RoP in connection with Rule 30.2 RoP is not given as the auxiliary request could and should have been filed earlier.
30.2	claim amendment	Binding	Permission for subsequent request to amend under Rule 50.2 RoP in connection with Rule 30.2 RoP is not given as the auxiliary request could and should have been filed earlier.
118.5	novelty	Binding	In accordance with Article 69 UPCA and Rule 118.5 RoP the Defendant, as the unsuccessful party, the Patent being revoked entirely, has to bear the legal costs of the Claimant.
220.1(a)	jurisdiction	Binding	Art. 73(1) UPCA, R. 220.1(a), 224.1(a) RoP

EPC article · 5

Target	Legal point	Strength	Excerpt
69	jurisdiction	Binding	In accordance with article 69 UPCA, reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise.
69	jurisdiction	Binding	In accordance with article 69 UPCA, reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise.
54(1)	novelty	Binding	The assessment of novelty within the meaning of Art. 54(1) EPC requires the determination of the whole content of the prior publication. It is decisive whether the subject-matter of the claim with all its features is directly and unambiguously disclosed in the prior art citation.
69	novelty	Binding	In accordance with Article 69 UPCA and Rule 118.5 RoP the Defendant, as the unsuccessful party, the Patent being revoked entirely, has to bear the legal costs of the Claimant.
73(1)	jurisdiction	Binding	An appeal against the present Decision may be lodged at the Court of Appeal, by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of its notification (Art. 73(1) UPCA, R. 220.1(a), 224.1(a) RoP).

UPC Court of Appeal · 3

Target	Legal point	Strength	Excerpt
UPC_CoA_2/2023	urgency	Background	The judge-rapporteur requested the parties to submit the Court of Appeal decision in case UPC 2/2023 (in relation to EP 4 108 782), once it is
UPC_CoA_2/2023	urgency	Background	The judge-rapporteur requested the parties to submit the Court of Appeal decision in case UPC 2/2023 (in relation to EP 4 108 782), once it is
UPC_CoA_2/2023	novelty	Persuasive	this decision is substantively in line with the findings of the CoA in the NanoString/10x Genomics appeal where many similar issues were dealt with by the CoA.

Court of Justice EU · 2

Target	Legal point	Strength	Excerpt
Brussels I Recast Reg. Arts. 29-32	jurisdiction	Binding	International jurisdiction. Lis pendens. Related actions. Parallel national revocation action. Articles 29-32 Regulation Brussels I recast.
Brussels I Recast Reg. Art. 30	jurisdiction	Binding	Pursuant to Art. 30 of the Brussels I recast Regulation, the UPC may stay proceedings where a related action is pending in a national court.

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