UPC_CFI_75/2023

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.

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.

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.

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.