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UPC CFI 75/2023

Jun 6, 2023·EP3056563 +1 more · METHOD OF PRODUCING RETINAL PIGMENT EPITHELIAL CELL

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Case details
Status
Case Closed (Settled)
Action
Revocation
Category
Main revocation action
Parties
Claimants
Representatives
Respondents
Representatives
Patents
Division
Munich CD
Judges
Technology
  • Chemistry
    Biotechnology · Pharmaceuticals
Language
English
First decided
Sep 21, 2023
Last decision
Aug 22, 2024
EPO Opposition
  • STRAWMAN LIMITED2022-04-20
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.
Patent revokedMedian days to first decision
All UPC37% (34/91)124
Munich CDLockedLocked
Judge Ulrike VoßLockedLocked
Judge András KupeczLockedLocked
Judge Paolo Gerli—Locked

At the UPC: ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE (4 cases)·Healios K.K (4 cases)

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Related cases

This dispute contains 3 other proceedings

UPC CFI 80/2023·ORD 464985/2023·ORD 465342/2023

Start a free trial to see how each one ended.

More cases: Munich CD·2023

Decisions
  • 2024-07-23
    Public

    Summary: Order from the Munich Central Division (Section) dated 23 July 2024 disposing of two revocation actions brought by Astellas Institute for Regenerative Medicine against Healios K.K., Riken and Osaka University. Both parties submitted a unanimous application under R. 360 RoP declaring that they concluded the actions by settlement and that the actions were devoid of purpose. The court held that parties may settle without seeking a confirmatory court decision under R. 365 RoP and declared the proceedings closed. A 20% reimbursement of court fees was granted under R. 370.9(c) RoP. Headnotes clarify that settlement-based closures are not limited to the formal R. 365 confirmation procedure.

    Show the legal issues (3)
    • Settlement and disposal of action under R. 360 and R. 365 RoP
    • Reimbursement of court fees under R. 370.9(c) RoP
    • Party disposition principle under Art. 76(1) UPCA
  • 2024-03-18
    Revocation ActionPublic

    Summary: The Munich Central Division judge-rapporteur issued an interim conference order (R. 105.5 RoP) in the revocation action brought by Astellas Institute against Healios, Riken, and Osaka University concerning EP 3 056 563. The order recorded decisions taken at the interim conference to prepare for the oral hearing, including procedural directions on evidence and scheduling.

    Show the legal issues (2)
    • Revocation action — interim conference preparation (R. 105.5 RoP)
    • Scheduling for oral hearing
  • 2023-10-11
    Revocation ActionPublic

    Summary: The Munich Central Division issued a Rule 9 RoP procedural order directing parties to use the CMS and designated workflows for all submissions, clarifying that system-generated notifications constitute electronic service under Rules 278.1 and 271.6 RoP, in the revocation action by Astellas.

    Show the legal issues (2)
    • CMS obligations (Rule 4.1 RoP)
    • Electronic service (Rules 278.1, 271.6 RoP)
  • 2023-09-21
    Revocation ActionPublic

    Summary: The Munich Central Division rejected a Rule 262.1(b) request for public access to written pleadings, holding that 'education and training' does not constitute a concrete and verifiable legitimate reason, and that there is no legal basis to grant access to a letter for service.

    Show the legal issues (3)
    • Rule 262.1(b) RoP access request
    • Legitimate reason for public access
    • Access to letter for service
Documents
Show all 199 documents
Document titleDatePublic
Case Closure Formal Check2025-02-03Not public
Final Order anonymised2024-11-05Not public
Headnote-and-Keywords2024-07-24Not public
Recording of Oral Hearing - Placeholder2024-07-23Not public
Recording of Oral Hearing - Placeholder2024-07-23Not public
Order to dispose of the actions2024-07-23Not public
Outcome of the Order2024-07-23Not public
order disposing of cases2024-07-23Public
order disposing of cases2024-07-23Not public
Response to preliminary order of 27 June 20242024-07-02Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Astellas Institute for Regenerative Medicine brought two revocation actions before the Munich Central Division against Healios K.K., Riken, and Osaka University concerning EP 3056563 and EP 3056564 (retinal pigment epithelial cell production method patents). The parties settled before any oral procedure and jointly applied under Rule 360 RoP for the actions to be declared devoid of purpose. The Central Division disposed of both actions and ordered 20% reimbursement of court fees, clarifying that settlement-based disposal under Rule 360 RoP qualifies for fee reimbursement even without a formal Rule 365 confirmatory decision.

Accepted arguments
What the court agreed with — by party.

No accepted arguments captured.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.

Key legal principles
Doctrines and rules cited in the reasoning.
Parties may settle a UPC action without seeking a court-confirmatory decision under Rule 365 RoP; parties may instead apply under Rule 360 RoP to dispose of proceedings as devoid of purposeRule 370.9(c) RoP fee reimbursement (20%) on pre-oral-procedure settlement applies regardless of whether the settlement is confirmed by the court under Rule 365 RoPRule 262.1(b) RoP requires a concrete and verifiable, legitimate reason for third-party access to pleadings and evidence; education and training purposes do not meet this threshold

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