Granted
at Munich (DE) Central Division - Section
9 granted decisions from Munich (DE) Central Division - Section.
Granted Decisions
9 cases | Page 1 of 1
UPM-Kymmene Oyj v.International N&H Denmark ApS
In a significant revocation action, UPM-Kymmene Oyj successfully challenged European patent EP 2 611 800 against International N&H Denmark ApS. The UPC Central Division ruled that the patent was invalid and revoked it entirely across all participating member states. This decision underscores the strict interpretation of subject matter scope under the UPC Agreement, particularly concerning claims that may extend beyond the original application's content.
TCL EUROPE SAS v.Corning Incorporated
In a procedural order, the UPC Central Division addressed applications concerning the revocation of EP 3 296 274. The Claimant sought to introduce new arguments and reports late in the proceedings, while the Defendant requested an extension for its Defence. After discussions with both parties, the Court agreed to admit the new pleadings and grant a two-week extension. This decision underscores the importance of party cooperation in managing procedural timelines within the UPC framework.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
This order addressed a request by Berggren Oy, acting as a UPC representative firm, to access the full documentation of a concluded Revocation action (UPC 252/2023). The Court affirmed that once proceedings have ended, there is a general public interest in transparency and scrutiny. Consequently, the Court granted access to all written pleadings and evidence, subject only to standard redactions of personal data.
ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v.Healios K.K, Riken, Osaka University
This UPC decision addressed an application for access to confidential documents within a revocation action (UPC 75/2023). The Applicant, Mathys & Squire LLP, sought unredacted versions of pleadings related to the Claimant's product valuation. The Court ruled in favor of the Applicant, finding that the Claimant failed to provide legitimate reasons to maintain confidentiality regarding the specific information. This decision reinforces the principle that public access is the default unless a party can clearly demonstrate a compelling need for secrecy.
Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe, and Sanofi Winthrop Industrie S.A. v.Amgen, Inc.
This UPC Order addressed a request by Dehns, an external representative firm, seeking access to all written pleadings and evidence in the Sanofi v Amgen revocation action. The Court affirmed that there is a general public interest in transparency, allowing practitioners to better understand how the court reached its decision. While granting access to substantive documents, the Court strictly limited the scope of disclosure only to 'written pleadings and evidence,' rejecting requests for administrative or formal documentation.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
In a significant revocation action, the UPC Central Division completely revoked EP 2 794 928 B1, which covers methods for detecting analytes. The court determined that the patent lacked novelty over existing prior art (Göransson). This decision aligns with previous findings from both national courts and the Court of Appeal in related cases. The ruling underscores the UPC's commitment to rigorous examination of patent validity and strict adherence to procedural deadlines.
Astellas Institute for Regenerative Medicine v.Healios K.K, Riken, Osaka University
This UPC Order addressed a request for public access to documents in a revocation action, following the parties' settlement. The Court ruled that once proceedings conclude by agreement, the general interest in transparency outweighs concerns about procedural integrity. Access was granted to the written pleadings and evidence, but only after strict redactions were applied to protect confidential commercial information and personal data.
Regeneron Pharmaceuticals Inc. v.Amgen Inc.
In a significant UPC decision, the Central Division revoked European Patent 3 666 797 B1, which covers PCSK9 inhibitors used for cholesterol reduction. The case involved Regeneron Pharmaceuticals Inc. and Amgen Inc., both major players in the biotech drug market. While the patent was successfully challenged and revoked, the court also ruled on costs, awarding a substantial sum to the successful Claimant (Regeneron). This ruling underscores the high stakes of UPC revocation actions in the competitive pharmaceutical landscape.
Sanofi-Aventis Deutschland GmbH v.Amgen, Inc.
In a significant decision, the UPC Central Division revoked European Patent EP 3 666 797 B1, which covers PCSK9 inhibitors used in cholesterol-lowering treatments. The case involved Sanofi-Aventis and Amgen, two major players in the biotech drug market. The revocation was based on patentability grounds, specifically concerning inventive step and claim interpretation. This ruling underscores the rigorous standards applied by the UPC when assessing complex biotechnological inventions.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.