2025-12-03 - CD Milan - Amgen v. Alexion - UPC_CFI_642/2024
- Aktenzeichen:
- UPC_CFI_642/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Central Division- Section
- Art:
- Decision
- Parteien:
- AMGEN Switzerland AG Vilniaus filialas v. Alexion Pharmaceuticals, Inc.
Kernaussage: The Milan Central Division allowed the withdrawal of a central revocation action against a unitary patent after the parties settled out of court, and disposed of two procedural questions with Court of Appeal authority.
2025-12-03 - CD Milan - Amgen
v.
Alexion - UPC_CFI_642/2024
notable
The Milan Central Division allowed the withdrawal of a central revocation action against a unitary patent after the parties settled out of court, and disposed of two procedural questions with Court of Appeal authority. First, the patentee's pending applications to amend the patent under Rule 30.1 RoP become irrelevant once the revocation action is withdrawn, so no explicit allowance of their withdrawal is needed, following the Court of Appeal in Avago v Tesla. Second, although Rule 265.2(c) RoP provides that a decision on costs is to be taken in accordance with Part 1, Chapter 5, no cost decision is required where both parties have declared that none is requested, following the Court of Appeal in DexCom v Abbott. That is a different route from the one the Munich Local Division takes, which treats the cost decision as one the Court must give of its own motion and reads a waiver as determining only its content. The Division reimbursed 60% of the court fees, EUR 12,000, under Rule 370.11 and Rule 370.9(b)(i) RoP.