2025-12-29 - LD Munich - BioMarin Pharmaceutical v. Ascendis Pharma et al. - UPC_CFI_18/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Munich Local Division closed an infringement action and its revocation counterclaim after the EPO Board of Appeal orally revoked the patent in opposition proceedings on 16 October 2025, the Division stayed the UPC proceedings on 24 October 2025 except so far as necessary to close them, and the parties then settled. The Division resumed the proceedings for the purpose of closing them, permitted both withdrawals under Rule 265.1 RoP on the parties' joint will, no final decision having been given, and declared the proceedings closed. The cost decision required on a withdrawal followed the parties' expressed will: the claimant was ordered to pay the defendants a lump sum of EUR 900,000 within fourteen working days of receiving their bank details, settling all their cost reimbursement claims in the proceedings. Because the actions were settled before the closure of the written procedure and no exceptional circumstances justifying a deviating decision were apparent, 60% of the court fees was reimbursed to each side under Rule 370.9(b)(i) RoP. The Division also carried the existing confidentiality order through the closure and extended access to two named assistants of the claimant's representatives for the sole purpose of archiving the confidential documents.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_18/2025