Local Division Munich
UPC_CFI_14/2023
Order
in the proceedings before the
Court of First Instance of the Unified Patent Court
relating to European Patent 3 666 797
delivered on 29/07/2024
Date of receipt of Statement of claim : 01/06/2023

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

DEFENDANTS
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
UPC_CFI_14/2023
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
EP3666797 Amgen Inc.

DECIDING JUDGES

COMPOSITION OF PANEL (1) – 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
The order was made by Presiding Judge Matthias Zigann, acting as Judge-Rapporteur.

LANGUAGE OF PROCEEDINGS: English

SUBJECT-MATTER OF THE PROCEEDINGS
Patent infringement
here: stay of proceedings

SUMMARY OF FACTS
The claimant alleges infringement of European Patent 3 666 797 by the defendants' drug
Praluent ('Alirocumab').
Defendants 1-3 have filed oppositions with the European Patent Office and a separate revocation
action with the Central Division (ACT_459505/2023 UPC_CFI_1/2023). The Claimant's
preliminary objections in this respect were unsuccessful.
Defendant 4 filed a counterclaim for revocation with the Local Division Munich
(CC_586764/2023).
By decision of February 2024 the Panel referred the counterclaim to the Central Division for
decision.
The Central Division decided on 16 July 2024 on the stand-alone revocation action and the
referred counterclaim for revocation. The patent was revoked in its entirety.
In view of this outcome, both parties agreed in an email exchange with the court to stay the
infringement proceedings pending the outcome of the appeal against the revocation decision.
The plaintiff further confirmed this by letter of 23 July 2024 (App_6996/2024).

GROUNDS
In view of the unanimous request of both parties, the infringement proceedings are stayed
pursuant to Rules 37.4 and 295(m) of the Rules of Procedure. The date for the interim
conference and the dates for the oral hearing are cancelled.

ORDER
1. The infringement proceedings are stayed as of today pending the outcome of the appeal
against the revocation decision.
2. The date for the interim conference (30 July 2024) is cancelled.
3. The dates for the oral hearing (16-17 October 2024) are cancelled.

Dr. Zigann
Presiding Judge and Judge-rapporteur
ORDER DETAILS
Order no. ORD_43914/2024 in ACTION NUMBER: ACT_459916/2023
UPC number: UPC_CFI_14/2023
Action type: Infringement Action
Matthias
ZIGANN
Digital unterschrieben
von Matthias ZIGANN
Datum: 2024.07.29
09:00:09 +02'00'