2025-01-13 - LD Munich - Bruker et al. v. President And Fellows Of Harvard College - CC_592964/2023
- Aktenzeichen:
- CC_592964/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- Bruker Corporation, Luxendo GmbH, Bruker Nederland B.V., Bruker Spatial Biology, Inc. v. President and Fellows of Harvard College
Kernaussage: On panel review under R.
2025-01-13 - LD Munich - Bruker et al.
v.
President And Fellows Of Harvard College - CC_592964/2023
notable
On panel review under R. 333 RoP, the Munich LD modified the judge-rapporteur's order that had required 10x Genomics / Harvard (Claimant 2) to reduce its 55 auxiliary requests to a 'one-digit number'. Panel 1 (Zigann, Pichlmaier JR, Kupecz) followed CD Paris in UPC_CFI_255/2023, holding that the 'reasonable number' of auxiliary requests under Rule 30.1(c) RoP depends on the scope of the counterclaim (42 validity attacks here), the complexity of the case and the relationship to parallel proceedings — and that 55 auxiliary requests, while exceptionally high, could not be categorically deemed unreasonable on those facts. Because the proceedings had been stayed until the EPO Opposition Division's decision, any auxiliary requests subject to that OD proceeding at the moment of decision must in any event be admitted into the UPC proceedings — otherwise the stay would be self-defeating. The panel therefore replaced the numerical reduction order with an obligation to file a consolidated set of auxiliary requests within 20 days of the OD decision, leaving open whether the eventual number will affect the response time limits.