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2023-06-29 UPC_CFI_1_2023

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The following text is not a complete transcript of the decision/order:

Central Division (Section Munich)
UPC_CFI_1/2023
Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 29 June 2023
Statement of revocation served on 29/06/2023

Amgen, Inc. (Defendant),
One Amgen Center Drive, CA 91320-1799, Thousand Oaks, US

APPLICANT/S
1) Sanofi-Aventis Deutschland GmbH, Represented by …
Brüningstrasse 50, 65926, Frankfurt,
Germany
2) Sanofi-Aventis Groupe S. A., Represented by …
82 Avenue Raspail, 94250 Gentily France
3) Sanofi Winthrop Industrie S. A., Represented by …
82 Avenue Raspail, 94250 Gentily France

RESPONDENT/S

RELEVANT PROCEEDING PARTIES
1) Sanofi-Aventis Deutschland GmbH
(Main proceeding party - Claimant), Brüningstrasse 50, 65926, Frankfurt, Germany
Represented by …
2) Sanofi-Aventis Groupe S. A.
(Main proceeding party - Claimant), 82 Avenue Raspail, 94250 Gentily, France
Represented by …
3) Sanofi Winthrop Industrie S. A.
(Main proceeding party - Claimant), 82 Avenue Raspail, 94250 Gentily, France
Represented by …
4) Amgen, Inc.
(Main proceeding party - Defendant), One Amgen Center Drive, CA 91320-1799,
Thousand Oaks, US
Represented by …

PATENT AT ISSUE
Patent no. Proprietor/s
EP3666797 Amgen, Inc.

DECIDING JUDGE
Presiding judge Ulrike Voß

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THE PROCEEDINGS
REVOCATION ACTION

POINTS AT ISSUE
1) Exhibits statement of claim
2) Date of service

GROUNDS FOR THE ORDER
1) Exhibits statement of claim
The Court has taken note of the documents filed by the claimant pursuant to the Court’s order 526798/2023 dated 23 June 2023 by way of generic procedural application. These documents are now deemed to be part of the main proceedings as exhibits to the statement of claim. The application made by the claimant to submit these documents is hereby granted.
The Court notes that the generic order workflow (526798/2023) in the CMS is yet to be completed by the claimant. Claimant is requested to upload (under “upload documents”) a short confirmation that the documents have been filed by way of generic application (with reference to application no. 528654/2023) so that the filings are properly documented and traceable for all parties in the CMS.

2) Date of service
In view of the access to the case that Defendant obtained on today’s date and the exhibits becoming available to the Defendant also today, the Court would like to clarify that the Statement of revocation is deemed to be served on the Defendant today, i.e. on 29 June 2023.

ORDER
• Grants the filing of exhibits as requested by the claimant subject to the instructions provided above
• Clarifies that the Statement of claim is deemed to be served on defendants on 29 June 2023

ORDER DETAILS
Order no. 536514 in ACTION NUMBER: ACT_ 459505/2023
UPC number: UPC_CFI_1/2023
Action type: Revocation Action
Related proceeding no. Application No.: 528654/2023
Application Type: Generic procedural Application

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