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UPC CFI 437/2024

Jul 25, 2024·EP3346403 · DATA PROCESSING, ANALYSIS METHOD OF GENE EXPRESSION DATA TO IDENTIFY ENDOGENOUS REFERENCE GENES

Case details
Status
Case Closed (No infringement)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Munich LD
Technology
  • Electrical engineering
    Computer technology
  • Chemistry
    Biotechnology
Language
English
First decided
Dec 19, 2025
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
Munich LDLockedLocked
Judge Daniel VossLockedLocked
Judge Georg WernerLockedLocked
Judge Marije KnijffLockedLocked
Judge Cornelis Schüller—Locked

At the UPC: GXD-Bio Corporation (8 cases)·Myriad Genetics Group (8 cases)

Decisions
  • 2025-12-19
    Counterclaim for revocationPublic

    Summary: The Munich Local Division dismissed both the infringement action (UPC_CFI_437/2024) brought by GXD-Bio Corporation and the counterclaim for revocation (UPC_CFI_681/2024) brought by the Myriad defendants, concerning EP 3 346 403 (a patent on data processing/gene expression analysis for identifying endogenous reference genes). The Court found no infringement because the accused products (Myriad test kits) did not use the claimed three-step normalization method — the products used a single-step average normalization that differed from the patented calculation method. The counterclaim for revocation was also dismissed, so the patent was maintained. Each party bears its own costs, with costs capped at EUR 600,000 total.

    Show the legal issues (5)
    • Direct and indirect patent infringement
    • Claim construction of normalization method
    • Timeliness of evidence under R. 9.2 RoP
    • Counterclaim for revocation
    • Patent amendment auxiliary requests
Document titleDatePublic
Order2026-01-21Not public
Order2026-01-21Not public
Receipt2026-01-19Not public
Cover sheet2026-01-19Not public
Exhibit document Applicant2026-01-19Not public
Application document Applicant2026-01-19Not public
Decision2025-12-19Public
Case closed2025-12-19Not public
Decision2025-12-19Not public
Decision2025-12-19Not public