2026-09-28 - LD Munich - BioNTech v. Promosome et al. - UPC-CFI-0002822/2026
- Aktenzeichen:
- UPC-CFI-0002822/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Decision
- Parteien:
- BioNTech Manufacturing GmbH, BioNTech SE, BioNTech Innovative Manufacturing Services GmbH, BioNTech Europe GmbH v. Promosome LLC, The Scripps Research Institute
Kernaussage: After the Munich LD revoked the patent and dismissed the infringement action, the judge-rapporteur granted the cost applications of both defendant groups in line with the flat fee of EUR 750,000 per group that the parties had agreed and the merits decision had recorded.
2026-09-28 - LD Munich - BioNTech
v.
Promosome et al. - UPC-CFI-0002822/2026
routine
After the Munich LD revoked the patent and dismissed the infringement action, the judge-rapporteur granted the cost applications of both defendant groups in line with the flat fee of EUR 750,000 per group that the parties had agreed and the merits decision had recorded. With the parties' agreement, the award is settled by releasing the EUR 1.5 million security for costs and transferring it directly to the defendants, applying R. 352.2 RoP by analogy to the release of a security for costs as the Court of Appeal did in Ballinno/Kinexon and Oerlikon/Bhagat. The cost proceedings close on completion of the transfer, and no decision on the costs of the cost proceedings was needed, consistent with Hanshow/VusionGroup.