2023-10-11 - CD Munich - ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. Healios K.K et al. - UPC_CFI_80/2023
- Aktenzeichen:
- UPC_CFI_80/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. HELIOS K.K, RIKEN
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_80/2023
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
Companion Rule 9 RoP order to UPC_CFI_75/2023 (same JR and date, adjacent revocation), delivered in the parallel revocation against EP 3 056 564. The Munich Central Division held that parties must use the CMS and its dedicated workflows under Rule 4.1 RoP, that the CMS notification upon filing in the correct workflow constitutes both the "means of electronic communication" under Rule 278.1 RoP and the "relevant electronic message" under Rule 271.6 RoP (via Rule 278.4 RoP), and that no additional registry service communication is required. Out-of-CMS correspondence must be limited to an absolute minimum. On the facts, the Court accepted the claimant's proposed date of service (29 September 2023) since the defendants did not object. A separate order was announced on the defendants' stay request under Art. 33(10) UPCA (not decided here).
Stichwörter
Rule 4.1 RoP. Case Management System (CMS), service of pleadings by means of
electronic communication (278.1, 271.6 RoP).