UPC_CFI_75/2023

METHOD OF PRODUCING RETINAL PIGMENT EPITHELIAL CELL

RevocationMain Revocation ActionMunich CDRevocationCase ClosedSettled at: Pre-merits

Overview Decisions Reasoning Citations Documents Timeline

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 purpose Rule 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 RoP Rule 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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