CC_586764/2023

ANTIGEN BINDING PROTEINS TO PROPROTEIN CONVERTASE SUBTILISIN KEXIN TYPE 9 (PCSK9)

Parent infringement case:UPC_CFI_14/2023

RevocationCounter Claim for RevocationMunich CDCounter claim for revocationCase Closed

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
87	priority	Binding	A claimed invention is to be considered the same invention as meant in Article 87 EPC (priority right) if the skilled person can derive the subject-matter of the claim directly and unambiguously from the previous application as a whole
56	inventive step	Binding	the Patent is revoked entirely, on the ground of Article 138 (1) sub a in connection with Article 56 EPC (Article 65(2) UPCA)
138	inventive step	Binding	the Patent is revoked entirely, on the ground of Article 138 (1) sub a in connection with Article 56 EPC (Article 65(2) UPCA)
65	inventive step	Binding	Article 138 (1) sub a in connection with Article 56 EPC (Article 65(2) UPCA)
76	inventive step	Binding	taking into account Article 76 UPCA, according to which a decision on the merits may only be based on grounds, facts and evidence, which were submitted by the parties
69	security for costs	Binding	In accordance with Article 69 UPCA and Rule 118.5 RoP the Defendant, as the unsuccessful party, has to bear the legal costs of the Claimant

Target	Legal point	Strength	Excerpt
118.5	security for costs	Binding	In accordance with Article 69 UPCA and Rule 118.5 RoP the Defendant, as the unsuccessful party, has to bear the legal costs of the Claimant

Target	Legal point	Strength	Excerpt
AC Decision on the Scale of Ceilings for Recoverable Costs dated 23 April 2023, D - AC/10/24042023_E	security for costs	Binding	see AC Decision on the Scale of Ceilings for Recoverable Costs dated 23 April 2023, D - AC/10/24042023_E

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Not yet cited in another decision in our corpus.