Xavier Dorland
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Syngenta Limited v.Sumi Agro Limited and Sumi Agro Europe Limited
In a procedural ruling concerning EP 2 152 073, the UPC Local Division Munich granted Syngenta Limited's request to amend its claim to include territories outside the core UPC jurisdiction (Poland, Czech Republic, and UK). This decision addresses the legal uncertainty created by recent ECJ rulings regarding infringement in non-UPC states. The court determined that Syngenta was not required to make this amendment earlier due to the evolving legal landscape, allowing the main infringement and revocation proceedings to proceed across these expanded territories.
Syngenta Limited v.Sumi Agro Limited and Sumi Agro Europe Limited
This UPC decision addressed a critical procedural dispute regarding the timing of starting infringement proceedings. The Respondent (Sumi Agro) sought to revoke provisional measures because they argued that the court fees had not been 'received' by the Court before the deadline, thus missing the statutory window. The Court firmly rejected this interpretation, clarifying that 'paid' is sufficient under Rule 15(2) RoP, and starting proceedings simply means filing in the CMS. While the re-establishment application was dismissed, the decision granted leave to appeal due to fundamental questions of procedural law.
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Regeneron Pharmaceuticals Inc.
Amgen Inc.'s infringement suit against Sanofi and Regeneron regarding EP3666797 (covering Praluent/Alirocumab) was stayed by the UPC Local Division Munich. This stay followed a prior Central Division decision that had revoked the patent in its entirety, which is now subject to appeal. The parties agreed to halt the infringement proceedings until the validity challenge reaches a final resolution.
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