2025-12-03 - CD Milan - Rivolution v. Janssen-Cilag et al. - UPC_CFI_871/2025
- Aktenzeichen:
- UPC_CFI_871/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Central Division- Section
- Art:
- Decision
- Parteien:
- RiVOLUTiON GmbH v. Cilag GmbH International, Ethicon LLC
Kernaussage: The Milan Central Division allowed the withdrawal of a central revocation action and clarified when the opposing party has to be heard under Rule 265.
2025-12-03 - CD Milan - Rivolution
v.
Janssen-Cilag et al. - UPC_CFI_871/2025
notable
The Milan Central Division allowed the withdrawal of a central revocation action and clarified when the opposing party has to be heard under Rule 265.1 RoP. Because the defendants had not yet lodged a statement of defence when the withdrawal was filed, their consent or opinion was not required: hearing the counterparty is necessary only where, in proceedings already initiated, there is a party with an interest in the continuation of the proceedings. The decision was taken by the judge-rapporteur sitting alone, because no technically qualified judge had yet been appointed and therefore no panel had been formed. No decision on costs was required notwithstanding the terms of Rule 265.2(c) RoP, and 60% of the court fees, EUR 12,000, was reimbursed under Rule 370.11 and Rule 370.9(b)(i) RoP. None of the pleaded invalidity grounds — novelty, inventive step, added matter and the patentability of claims 1 to 7 — was examined.