2023-10-11 - CD Munich - ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. Healios K.K et al. - UPC_CFI_75/2023
- Aktenzeichen:
- UPC_CFI_75/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. HELIOS K.K, RIKEN, OSAKA UNIVERSITY
Kernaussage: Parties are under an obligation to use the CMS and the dedicated workflows in the
2023-10-11 - CD Munich - ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE
v.
Healios K.K et al. - UPC_CFI_75/2023
Parties are under an obligation to use the CMS and the dedicated workflows in the
CMS to file their submissions (see e.g. Rule 4.1 RoP). It is the sole responsibility of the parties that
this is done properly and timely. The Court will try to be helpful where possible in resolving CMS
related issues. Submissions and correspondence outside of the CMS should be limited to an
absolute minimum. The notification generated by the system is the “means of electronic
communication” as meant in Rule 278.1 RoP or, as the case may be, the “relevant electronic
message” as meant in Rule 271.6 RoP.
notable
Early Rule 9 RoP procedural order from the Munich Central Division clarifying the service regime under the UPC Rules. The Court held that parties are obliged to use the CMS and its dedicated workflows under Rule 4.1 RoP, and that the notification generated by the CMS constitutes the "means of electronic communication" under Rule 278.1 RoP (and the "relevant electronic message" under Rule 271.6 RoP where applicable by virtue of Rule 278.4 RoP). There is no further requirement for the UPC registry to issue additional specific service communications. Submissions and correspondence outside the CMS must be limited to an absolute minimum because such communications are not guaranteed to reach the Court or form part of the case file. On the facts, the Court accepted the claimant's proposed date of service (29 September 2023) for the Defence to Revocation since the defendants did not object.
Stichwörter
Rule 4.1 RoP. Case Management System (CMS), service of pleadings by means of
electronic communication (278.1, 271.6 RoP).