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UPC APP 34350/2025

EP3854403 Unitary patent · USE OF SUBSTITUTED AMINOPROPIONATE COMPOUNDS IN TREATMENT OF SARS-COV-2 INFECTION

Case details
Status
—
Action
Procedural application
Category
Other procedural
Parties
Claimants
Representatives
Respondents
Representatives
Division
Milan CD
Judges
—
Technology
  • Chemistry
    Pharmaceuticals
Language
—
First decided
Sep 4, 2025
EPO Opposition
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All UPC124
Milan CDLocked

At the UPC: Gilead Sciences, Inc. (5 cases)·Academy of Military Medical Sciences (5 cases)

Decisions
  • 2025-09-04

    Summary: Milan Central Division judge-rapporteur issued a procedural order in the revocation action by Gilead Sciences against Academy of Military Medical Sciences (patent EP 3 854 403, Remdesivir for MERS/SARS-CoV-1). The order resolved disputes on the validity of service on the Chinese defendant via its EPO patent representative Lavoix. The court held that service on the patent representative within the CMS was valid under Rule 271(6) RoP. Lavoix's objections to service were inadmissible as the patent representative had no standing to defend the patent holder without a power of attorney. Gilead's premature request for a default judgment was declared currently inadmissible.

    Show the legal issues (4)
    • Service of proceedings on foreign defendant via EPO patent representative under Rule 271 RoP
    • Standing of patent representative to raise procedural objections
    • Default judgment admissibility under Rule 355/356 RoP
    • Validity of service within vs outside CMS
Documents
  • EAA9DAF11A1C547DBE32D677B84E5F16_en.pdf2025-09-04EN