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UPC CFI 201/2023

Jul 6, 2023·EP2359858 · Nutritional composition comprising indigestible oligosaccharides

Case details
Status
Case Closed (Withdrawn)
Action
Infringement
Category
Main infringement action
Parties
Respondents
Representatives
Division
Dusseldorf LD
Technology
  • Chemistry
    Pharmaceuticals · Food chemistry
Language
English
First decided
Sep 22, 2023
Last decision
Dec 19, 2023
EPO Opposition
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Berenice ThomLockedLocked
Judge Peter AgergaardLockedLocked
Judge Anna Hedberg—Locked

At the UPC: N.V. Nutricia (6 cases)·Nestlé Health Science (Deutschland) GmbH (6 cases)

Decisions
  • 2023-12-19
    Infringement ActionPublic

    Summary: The Düsseldorf Local Division issued a procedural order pursuant to Art. 33(3)(a) UPCA and Rule 37.2 RoP, deciding to proceed jointly with both the infringement action brought by Nutricia and the counterclaim for revocation filed by Nestlé Health Science, rather than bifurcating the proceedings.

    Show the legal issues (3)
    • Art. 33(3) UPCA: discretion to hear infringement and counterclaim for revocation jointly
    • Rule 37.2 RoP: early decision on bifurcation
    • Procedural efficiency and uniform patent interpretation
  • 2023-12-14
    Infringement ActionPublic

    Summary: The Düsseldorf Local Division clarified, at Nutricia's request, that the deadline for filing a defence to the counterclaim for revocation and any application to amend the patent is 20 December 2023 (two months after service of the defence with counterclaim on 20 October 2023), per Rule 29.1 RoP.

    Show the legal issues (2)
    • Deadline for defence to counterclaim for revocation (Rule 29.1 RoP)
    • Application to amend patent
Document titleDatePublic
Case Closure Formal Check2025-09-12Not public
Headnote-and-Keywords2025-07-30Not public
Outcome of the Order2025-07-30Not public
Decision Withdrawl2025-07-30Public
UPC CFI 201/2023 Comments Value of Action and of Counterclaim2025-01-10Not public
Comments of Claimant on Preliminary Procedural Order2025-01-09Not public
Opportunity to comment2024-12-23Not public
Procedural Order Cancellation Oral Hearing2024-08-28Public
Annex D 292024-03-07Not public
Annex D 282024-03-07Not public