NanoString Technologies Europe Limited v.President and Fellows of Harvard College
Munich (DE) Central Division - Section · UPC-001201
This is a revocation action concerning European patent EP 2 794 928 B1, owned by President and Fellows of Harvard College, brought by NanoString Technologies Europe Limited before the Central Division (Section Munich) of the Court of First Instance. The Claimant sought revocation of the patent, while the Defendant defended its validity. The Court examined its international jurisdiction of its own motion, declined to stay proceedings despite a parallel German revocation action in which the German Federal Patent Court had already revoked the German national part of the patent, and assessed novelty and inventive step under Article 54(1) EPC. The Court also refused permission for a subsequent auxiliary request to amend under Rule 50.2 RoP in conjunction with Rule 30.2 RoP, holding that it could and should have been filed earlier under the front-loaded system.