2026-07-17 - LD Munich - OXFORD NANOPORE TECHNOLOGIES v. MGI TECH et al. - UPC-CFI-0002307/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division, through the judge-rapporteur, rejected a respondent's application under R. 9.3(a) RoP to extend the time limit for filing its objection under R. 209.1(a) RoP in provisional-measures proceedings. The decisive point is the design of the time limit: because the judge-rapporteur anticipated difficulties in serving the application on respondents domiciled outside the UPC territory, the period was deliberately expressed as a fixed calendar date rather than as a period running from service, so a later loss of CMS access could not be added on top of it. The order sets out the interests the PI timetable balances — the respondents' right to be heard, the applicant's right to fast and effective remedies, and the panel's own need for adequate preparation time before a possible oral hearing — and treats the last of these as an independent reason not to move the schedule. On sufficiency, the judge-rapporteur held that more than two weeks suffices where the respondent group has already pleaded its case on the same patents and product in parallel Australian proceedings, the application has been narrowed to two of four patents, and the respondent is represented by five UPC representatives and seven patent attorneys. Finally, the applicant's consent, given expressly on condition that the oral-hearing date remain unchanged, was held to be no consent at all, since any extension would have moved that date.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0002307/2026