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UPC CFI 499/2024

Aug 30, 2024·EP1993350 · BROWN MUSHROOMS FOR COMMERCIAL PRODUCTION

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
  • Name withheld (GDPR)
Representatives
Division
The Hague LD
Technology
  • Chemistry
    Food chemistry
Language
English
First decided
Dec 18, 2024
Last decision
Dec 9, 2025
EPO Opposition
  • Limgroup B.V.Admissible2017-03-28
  • SOMYCELAdmissible2017-03-28
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
The Hague LDLockedLocked
Judge Edger BrinkmanLockedLocked
Judge Margot KokkeLockedLocked
Judge Rute LopesLockedLocked

At the UPC: Amycel LLC (6 cases)

Decisions
  • 2025-12-09
    Infringement ActionPublic

    Summary: The Hague Local Division issued a procedural order addressing the defendant's attempt to set aside the default judgment, ruling that the defendant had been sufficiently warned of the default consequence and that the prior R. 275 and R. 320 orders preclude a fresh challenge under R. 356 RoP.

    Show the legal issues (3)
    • Setting aside default judgment (R. 356 RoP)
    • Consequences of prior R. 320 order
    • Defendant warned of default in R. 275 order
  • 2025-10-21
    Infringement ActionPublic

    Summary: The Hague Local Division issued a default judgment against the absent defendant finding infringement of Amycel's mushroom strain patent EP 1 993 350 (brown Agaricus bisporus), confirming the preliminary injunction, granting a permanent injunction, information orders, and an interim award of damages of EUR 50,000.

    Show the legal issues (4)
    • Default judgment (R. 355 RoP)
    • Mushroom strain patentability (Art. 53(b) EPC)
    • Permanent injunction confirming PI
    • Interim damages
  • 2025-04-01
    Infringement ActionPublic

    Summary: The Hague Local Division rejected the defendant's application for re-establishment of rights under R. 320 RoP after missing the deadline for filing a statement of defence, finding the representative had not exercised due care given the specific circumstances of the case.

    Show the legal issues (3)
    • Re-establishment of rights (R. 320 RoP)
    • Due care standard
    • Missed deadline for statement of defence
  • 2024-12-18
    Procedural OrderPublic

    Summary: The Hague Local Division (Judge-Rapporteur) ordered that Amycel's attempts to serve the Statement of Claim on the anonymous defendant (located in Poland, an EU country that is not a UPC Contracting Member State) constituted good service, that the Statement of Claim was deemed served on 18 November 2024, and set the time period for the defendant to lodge a Statement of Defence ending 18 February 2025.

    Show the legal issues (4)
    • Service of statement of claim (R. 275 RoP)
    • Alternative service methods
    • Non-Contracting Member State defendant
    • Default procedure
Document titleDatePublic
Receipt2026-05-01Not public
Cover sheet2026-05-01Not public
Communication2026-04-10Not public
Other Documents2026-04-10Not public
Communication2026-03-25Not public
Receipt2026-03-04Not public
Cover sheet2026-03-04Not public
Exhibit Claimant2026-03-04Not public
Application document Claimant2026-03-04Not public
Cover sheet2025-12-09Not public
Plain-English summary

Amycel LLC brought an infringement action at The Hague Local Division against a Polish individual defendant for infringement of EP 1 993 350 B2 (hybrid brown Agaricus bisporus mushroom strain 'Cayene'). The defendant's representative missed the SoD deadline claiming illness; the court rejected re-establishment of rights under R. 320 finding insufficient due care, and issued a default judgment confirming the earlier provisional injunction, granting a permanent injunction, information orders, and an interim award of EUR 50,000. A subsequent R. 356 set-aside application was dismissed because the R. 320-Order had already put the defendant on notice that a default decision would be final.

Accepted arguments
What the court agreed with — by party.
  • Mushroom strain EP 1 993 350 B2 is not excluded from patentability under Art. 53(b) EPC

    ClaimantLegal basis: Art. 53(b) EPC

    Note: Court confirmed in the default decision that the hybrid Agaricus bisporus strain is not an essentially biological process and is not excluded from patent protection.

  • Defendant's representative failed to exercise all due care to avoid missing the SoD filing deadline despite having seven weeks' access and prior familiarity with the case

    ClaimantLegal basis: R. 320 RoP; Art. 122 EPC (by analogy)

    Note: Court found representative should have used the CMS team function to ensure another representative could submit on his behalf in case of illness; failure to do so was not due care.

  • Defendant had been warned a decision by default would be taken and a R.356 set-aside application is barred where the default was already the subject of a prior R.320 assessment

    ClaimantLegal basis: R. 356.3 RoP

    Note: Court held the R.320-Order constituted sufficient notice that a further decision by default would be final, barring the R.356 set-aside application.

Rejected arguments
What the court did not agree with — and why.
  • Representative's illness prevented timely filing of SoD and re-establishment of rights under R. 320 should be granted

    RespondentLegal basis: R. 320 RoP

    Reason: Representative had seven weeks of access to the file, familiarity from PM and revocation proceedings, and submitted a brief to the EPO on the very day he claimed illness prevented SoD filing; he also failed to use the CMS team function to ensure backup coverage.

  • Default decision should be set aside under R. 356 RoP

    RespondentLegal basis: R. 356.3 RoP

    Reason: R. 320-Order had put defendant on notice that a default decision would follow; the same grounds for default were already assessed and rejected in the R. 320 proceedings; no new reasons were offered in the R. 356 application.