bioMérieux UK Limited v.Labrador Diagnostics LLC
Milan (IT) Central Division- Section · UPC-000275
This decision concerns European patent EP 3 756 767 B1 owned by Labrador Diagnostics LLC. bioMérieux UK Limited filed a revocation action against the patent, while bioMérieux SA and other bioMérieux group entities filed a counterclaim for revocation in response to an infringement action brought by Labrador Diagnostics in the Local Division Düsseldorf. The Central Division Milan addressed issues including amendments to the patent, auxiliary requests, added subject-matter, novelty, inventive step, sufficiency of disclosure, costs, and confidentiality. The court established that when a party submits numerous attacks that are unmanageable under principles of proportionality and speed, only the most promising attacks will be assessed on the merits.