UPC CFI 14/2023

At the UPC: Amgen Group (19 cases)·Sanofi Group (33 cases)

• 2024-07-29
  Public

  Summary: The Munich Local Division issued a procedural order concerning a stay of infringement proceedings in the Amgen v Sanofi/Regeneron case relating to EP3666797, in light of parallel EPO opposition proceedings and a separate revocation action filed by the defendants at the UPC Central Division.

  Show the legal issues (3)

  • Stay of proceedings pending EPO opposition
  • Parallel revocation action at UPC Central Division
  • Relationship between infringement and revocation proceedings
• 2024-02-24
  Revocation ActionPublic

  Summary: The Munich Central Division issued a procedural order combining two related revocation actions (Sanofi v Amgen and Regeneron v Amgen) into a single proceeding, admitted additional documents into evidence, rejected a request for an interim conference, and set the value of each action at EUR 100 million.

  Show the legal issues (3)

  • consolidation of related actions
  • value of proceedings for costs purposes
  • admission of documents
• 2024-02-02
  Infringement ActionPublic

  Summary: The Munich Local Division issued an order pursuant to Art. 33(3)(b) UPCA, granting all parties' unanimous request to refer the counterclaim for revocation to the Central Division, while deciding to proceed with the infringement proceedings at the Local Division and reserving the possibility to stay the infringement action pending the revocation outcome.

  Show the legal issues (3)

  • Art. 33(3)(b) UPCA and Rule 37 RoP: referral of counterclaim for revocation to Central Division on unanimous party request
  • Discretion to proceed with infringement action or stay pending revocation
  • Rule 37.4 RoP: conditions for stay of infringement proceedings
• 2024-01-02
  Infringement ActionPublic

  Summary: The Munich Local Division issued a procedural order in the Amgen v. Sanofi/Regeneron infringement proceedings, setting provisional dates for the interim conference and oral hearing and granting the defendants a short time extension for filing their statement of defence until 8 January 2024.

  Show the legal issues (2)

  • Case management: scheduling of interim conference and oral hearing
  • Application for time extension by defendant
• 2024-01-02
  Infringement ActionPublic

  Summary: Duplicate version of the 2 January 2024 Munich Local Division procedural order in Amgen v. Sanofi/Regeneron, setting provisional hearing dates and granting defendants a brief time extension for the statement of defence.

  Show the legal issues (2)

  • Case management: scheduling of interim conference and oral hearing
  • Application for time extension by defendant
• 2023-11-03
  Infringement ActionPublic

  Summary: The Munich Local Division issued an order regarding a change of language of proceedings from German to English in the infringement action by Amgen against Sanofi and Regeneron entities concerning EP 3 666 797.

  Show the legal issues (1)

  • Change of language of proceedings
• 2023-08-29
  Infringement ActionPublic

  Summary: The Munich Local Division addressed pleading deadlines in Amgen v. Sanofi/Regeneron, ruling that a claim can be validly filed and served without exhibits (with later filing announced), and that the hearing right for late exhibits can be safeguarded by adjusting the timetable.

  Show the legal issues (4)

  • Pleading deadlines
  • Filing without exhibits Rule 13 RoP
  • Service date calculation
  • Right to be heard
• 2023-08-17
  Public

  Summary: The Munich Local Division issued a further case management order establishing that different procedural requests must be lodged in separate workflows for clarity, and addressed the parties' multiple procedural motions concerning deadlines, service dates, and consolidation with the revocation action.

  Show the legal issues (3)

  • Multiple requests in separate workflows
  • Case management
  • Pleading consolidation
• 2023-08-16
  Infringement ActionPublic

  Summary: The Munich Local Division issued a case management order addressing the parties' requests regarding service dates, deadline alignment for Regeneron, and the proposed consolidation of the infringement action with a revocation action filed before the Central Division, scheduling further procedural steps.

  Show the legal issues (3)

  • Harmonisation of deadlines
  • Consolidation of infringement and revocation actions R. 302 RoP
  • Service date alignment
• 2023-07-28
  Infringement ActionPublic

  Summary: The Munich Local Division withdrew the preliminary separation order for Regeneron Pharmaceuticals after Amgen withdrew its separation request following successful service on Regeneron via email, and declared the earlier provisional order moot.

  Show the legal issues (2)

  • Withdrawal of separation request
  • Service by email R. 271 RoP
• 2023-07-17
  Infringement ActionPublic

  Summary: The Munich Local Division issued a preliminary order in Amgen's patent infringement action against Sanofi, addressing service of claim on Regeneron Pharmaceuticals and proposing separation of that defendant's proceedings to avoid delay, pending hearing of the served parties.

  Show the legal issues (3)

  • Service on defendant abroad R. 274 RoP
  • Separation of proceedings R. 303.2 RoP
  • Right to be heard before separation