Local Division Munich
UPC_CFI_14/2023
ACT_ 459916/2023
CC_586764/2023
ORD_597730/2023

Order in the action before the
Court of First Instance of the Unified Patent Court
concerning European Patent 3 666 797
delivered on 02/01/2024
Date of receipt of Statement of claim : 01/06/2023

CLAIMANT/S
1) Amgen Inc.
One Amgen Center Drive, Mail-Stop 28-2-C -
91320-1799 - Thousand Oaks - US
Represented by
Johannes Heselberger

DEFENDANT/S
1) Sanofi-Aventis Deutschland GmbH
Industriepark Höchst, Brüningstraße 50 -
65926 - Frankfurt am Main - DE
Represented by
Niels Hölder
2) Sanofi-Aventis Groupe S.A.
54 rue La Boétie - 75008 - Paris - FR
Represented by
Niels Hölder
3) Sanofi Winthrop Industrie S.A.
82 avenue Raspail - 94250 - Gentilly - FR
Represented by
Niels Hölder
4) Regeneron Pharmaceuticals Inc.
81 Columbia Turnpike - 12144 - Rensselaer -
US
Represented by
Niels Hölder

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

DECIDING JUDGE
COMPOSITION OF PANEL – FULL PANEL
Presiding judge and
Judge-rapporteur Matthias Zigann
Legally qualified judge Tobias Pichlmaier
Legally qualified judge Samuel Granata
Technically qualified judge Xavier Dorland-Galliot
This order had been issued by the Presiding Judge and Judge-rapporteur Matthias Zigann.

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THE PROCEEDINGS
Patent infringement;
here: provisional dates for interim conference and main oral hearing; application for time
extension by defendant until 08.01.2024.

SUMMARY OF FACTS
The plaintiff claims infringement of European Patent 3 666 797.
Defendants 1-3 have filed a stand-alone nullity action with the Central Division
(ACT_459505/2023 UPC_CFI_1/2023). Preliminary objections by the patent owner were not successful. The interim conference will be held on 07/02/2024. The main oral hearing is
scheduled for 04/06/2024.
Defendant 4 filed a counterclaim for revocation with the Local Division Munich
(CC_586764/2023).
The provisional dates have been confirmed by the panel members. The panel members will
discuss how to proceed with the counterclaim (Rule 37 RoP) on 09/02/2024.
With order of 18.12.2023 the Judge-rapporteur has set provisional dates and invited the parties
to comment within 6 days (until 27.12.2023).
Plaintiff has indicated that provisional dates are OK.
Defendants have requested an extension of the time limit until 08.01.2024. Due to the holiday
season not all of those involved could be reached to confirm the provisional dates. Counsel for
defendants used the main workflow for this request. This was wrong. He should have used a Rule
9 workflow (Rule 4.1 RoP). Consequence is that defendants can no longer comment on the
provisional dates within the main workflow. The judge-rapporteur has therefore started this
workflow.
With order of 28.12.2023 plaintiff has been invited to comment on the defendant’s application.
Plaintiff answered with brief of 29.12.2023. Plaintiff argues that it should not take 21 days to
agree on dates for oral hearings, not even during holiday seasons. Therefore, the plaintiff does
not see a justification for the request of defendants. However, plaintiff leaves it to the
discretion of the Court, as to how to proceed.

GROUNDS
This court exercises its discretion and grants the extension. Plaintiff rightfully pointed out that it
should not take 21 days to agree on dates for an oral hearing, not even during holiday season.
And defendant did not provide any details on the names and functions of those who should
participate during the oral hearing but could not yet comment on the dates.
However, it would be awkward not to grant the desired extension or to grant a shorter extension
as the overall handling of the case will not be affected at all or not much by granting the desired
extension.

ORDER
1. The deadline for commenting on the provisional dates is extended until 08.01.2024.
2. The comments are to be filed in the 597730/2023 workflow.
DR. ZIGANN
PRESIDING JUDGE AND JUDGE-RAPPORTEUR
Matthias ZIGANNDigital unterschrieben von Matthias
ZIGANN
Datum: 2024.01.02 11:42:09 +01'00'

ORDER DETAILS
Order in ACTION NUMBER: ACT_459916/2023
UPC number: UPC_CFI_14/2023
Action type: Infringement Action