Illumina, Inc. v.Element Biosciences, Inc. and Others (EP3714978)
LISBON – LOCAL DIVISION · UPC_CFI_1920/2025
Illumina, Inc. brought a patent infringement action before the Lisbon Local Division of the Unified Patent Court concerning European Patent No. EP3714978 against Element Biosciences, Inc., Element Biosciences Netherlands B.V., and I.L.C. The Defendants sought dismissal under Rule 361 RoP, arguing the Statement of Claim manifestly lacked foundation because it omitted the 'fluidic device' feature of claim 1 from its feature breakdown, headings, and injunctive relief requests. The Court rejected the dismissal request, finding the omissions were clerical mistakes that did not render the action doomed to fail, and granted Illumina's request under Rule 9 RoP to file a corrected Statement of Claim.