2023-10-04 - CD Munich - NanoString v. President And Fellows Of Harvard College - UPC_CFI_252/2023
- Aktenzeichen:
- UPC_CFI_252/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- President and Fellows of Harvard College v. NanoString Technologies Europe Limited
Kernaussage: Objections based on articles 29 and 30 Brussels Ibis Regulation may be the subject of a
2023-10-04 - CD Munich - NanoString
v.
President And Fellows Of Harvard College - UPC_CFI_252/2023
Objections based on articles 29 and 30 Brussels Ibis Regulation may be the subject of a
Preliminary objection under Rule 48 in connection with 19.1(a) RoP. Preliminary objection is to be
dealt with in the main proceedings for reasons of procedural economy and efficiency (Rule 20.2
RoP).
notable
Procedural order from the Munich Central Division addressing the correct procedural track for a preliminary objection to UPC jurisdiction over the German part of a European patent. The Court held that objections based on Articles 29 and 30 of the Brussels Ibis Regulation (lis pendens, related actions) may be raised as a preliminary objection under Rule 48 in connection with Rule 19.1(a) RoP — because Art. 31 UPCA and Chapter VI UPCA tie UPC international jurisdiction to the Brussels Ibis Regulation, and Rule 19.1(a) RoP covers "the jurisdiction and competence of the court." On procedural-economy grounds under Rule 20.2 RoP, the Court declined to rule on the preliminary objection at this stage and deferred it to the oral hearing and decision on the merits. The parties were ordered to inform the Court of developments in the parallel German Federal Patent Court revocation action (oral hearing scheduled 7 May 2024).
Stichwörter
Rule 48, 19.1(a) RoP Preliminary objection. Jurisdiction. Lis pendens. Related actions. Articles 29
and 30 Brussels Ibis Regulation. Rule 20.2 RoP (yes).