Unified Patent Court
Central Division (Section Munich)
Einheitliches Patentgericht
Juridiction unifiee du brevet
UPC_CFI_1/2023
Procedural Order
of the Court of First Instance of the Unified Patent Court delivered on 29 June 2023
Statement of revocation served on 29/06/2023
Amgen, Inc. (Defendant)
One Amgen Center Drive, CA 91320-1799, Thousand Oaks, US
APPLICANT/S
| 1) | Sanofi-Aventis Deutschland GmbH | Represented by … |
|---|---|---|
| Brüningstrasse 50, 65926, Frankfurt, | Germany | |
| 2) | Sanofi-Aventis Groupe S. A. | Represented by … |
| 82 Avenue Raspail, 94250 Gentily | France | |
| 3) | Sanofi Winthrop Industrie S. A. | Represented by … |
| 82 Avenue Raspail, 94250 Gentily | France |
RESPONDENT/S
RELEVANT PROCEEDING PARTIES
| 1) | Sanofi-Aventis Deutschland GmbH | Represented by … |
|---|---|---|
| (Main proceeding party - Claimant), | ||
| Brüningstrasse 50, 65926, Frankfurt, | Germany | |
| 2) | Sanofi-Aventis Groupe S. A. | Represented by … |
| (Main proceeding party - Claimant), | ||
| 82 Avenue Raspail, 94250 Gentily, | France | |
| 3) | Sanofi Winthrop Industrie S. A. | Represented by … |
| (Main proceeding party - Claimant), | ||
| 82 Avenue Raspail, 94250 Gentily, | France |
Amgen, Inc.
Represented by … (Main proceeding party - Defendant),
One Amgen Center Drive, CA 91320-1799, Thousand Oaks, US
PATENT AT ISSUE
| Patent no. | Proprietor/s |
|---|---|
| EP3666797 | Amgen, Inc. |
DECIDING JUDGE
Presiding judge: Ulrike Voß
LANGUAGE OF PROCEEDINGS
English
SUBJECT-MATTER OF THE PROCEEDINGS
REVOCATION ACTION
POINTS AT ISSUE
- Exhibits statement of claim
- Date of service
GROUNDS FOR THE ORDER
- Exhibits statement of claim
The Court has taken note of the documents filed by the claimant pursuant to the Court’s order 526798/2023 dated 23 June 2023 by way of generic procedural application. These documents are now deemed to be part of the main proceedings as exhibits to the statement of claim. The application made by the claimant to submit these documents is hereby granted.
The Court notes that the generic order workflow (526798/2023) in the CMS is yet to be completed by the claimant. Claimant is requested to upload (under “upload documents”) a short confirmation that the documents have been filed by way of generic application (with reference to application no. 528654/2023) so that the filings are properly documented and traceable for all parties in the CMS.
2) Date of service
In view of the access to the case that Defendant obtained on today’s date and the exhibits becoming available to the Defendant also today, the Court would like to clarify that the Statement of revocation is deemed to be served on the Defendant today, i.e. on 29 June 2023.
ORDER
- Grants the filing of exhibits as requested by the claimant subject to the instructions provided above
- Clarifies that the Statement of claim is deemed to be served on defendants on 29 June 2023
ORDER DETAILS
| Order no. | 536514 |
|---|---|
| in ACTION NUMBER: | ACT_ 459505/2023 |
| UPC number: | UPC_CFI_1/2023 |
| Action type: | Revocation Action |
| Related proceeding no. | Application No.: 528654/2023 |
| Application Type: | Generic procedural Application |