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Overview · Filed:

APL_14947/2025

HERBICIDE COMPOSITIONS

AppealsMain AppealCourt of AppealAppeal RoP220.2
Parties

Claimants

  • Syngenta Limited
Reps: Jörn Peters (Fieldfisher Partnerschaft von Rechtsanwälten mbB)

Respondents

  • Sumi Agro Limited
  • Sumi Agro Europe Limited
Reps: Gareth Williams (Marks & Clerk LLP / Bardehle Pagenberg Partnerschaft mbB)
Judges
  • Klaus GrabinskiPresident of the Court of Appeal
  • Peter BlokLegally Qualified Judge and Rapporteur
  • Emanuela GermanoLegally Qualified Judge
Patents
  • EP 2152073
CPC codes: A01N25/22, A01N41/10, A01N37/02, A01N37/06, A01N47/36

Sector: Agriculture

Outcome
Dismissed
Filed:
First decided: Jun 23, 2025
Language:

Court of Appeal (Panel with President Grabinski) dismissed Sumi Agro Limited and Sumi Agro Europe Limited's appeal against a Munich Local Division order that had refused to revoke provisional measures granted to Syngenta Limited concerning EP 2 152 073 (a crop protection patent). The appeal concerned the timing of payment of court fees: the Court of Appeal held that fees are considered paid on time when a bank transfer order is given at the time of filing, not when the bank account actually receives the funds. On the merits, the court confirmed the first-instance cost decision. Sumi Agro was ordered to bear the costs of the appeal.