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UPC – Amgen v. Sanofi / Preliminary Objection rejected

28 Aug 2023

Amgen, Inc. v. Sanofi-Aventis Deutschland GmbH et al., Panel 1 of the Central Division (Section Munich), Order of the Judge-rapporteur András Kupecz, Case no. UPC_CFI_1/2023

Patent at issue: EP3666797 Amgen, Inc


“4.53 Based on the above, it is concluded that at the point in time the Claimants brought their revocation action by lodging the Statement of Revocation in hard-copy at the Registry in Luxembourg at 11.26 in the morning of June 1, 2023, no infringement action between the same
parties relating to the same patent had been brought to a local division. The infringement action at the Munich LD was brought by Defendants at a later point in time, at 11.45 in the morning of June 1, 2023.

“4.54 As a consequence, on the basis of Article 33.4 UPCA, first sentence, the Central Division (Section Munich) is competent in respect of the present revocation action. The PO lodged by the Defendant (including the request to reject the revocation action as inadmissible) is therefore

“4.55 In view of the rejection of Defendant’s PO based on the above reasons, the Court sees no ground for allowing Defendant’s request that claimants shall pay the Defendant’s costs. This request shall therefore also be rejected.

“4.56 Because of the fundamental nature of the legal questions raised in this case and to promote a consistent application of the RoP (cf. Preamble RoP, point 8), leave to appeal is hereby granted by the Court of its own motion.”

The entire order can be read here.