Main Details: Case number UPC_CFI_124/2024 Registry number ACT_13886/2024 Date 26 June, 2024 Parties Alexion Pharmaceuticals, Inc. v. Amgen N.V. a.o. Order/Decision reference ORD_38032/2024 Type of action Application for provisional measures Language of Proceedings English Court - Division Court of First Instance - Hamburg (DE) Local Division Headnotes: 1. The patent claim is always to be interpreted from the point of view of a person skilled in the art. Additionally, the skilled person is taking the purpose of every patent claim into account, to provide the average person skilled in the art with a technical teaching which, when reworked, leads to the intended success of the invention. 2. The court must be convinced of the validity of a patent in suit with a sufficient degree of certainty. A decision on provisional measures cannot be based solely on the court's view of the validity of the patent in suit, but also on the likelihood that the opposition division of the EPO will revoke the patent. Keywords: Preliminary injunction; Art, 62(2) UPCA; Rule 209(2) RoP. Validity of the patent in suit; degree of certainty; Art. 62 (4) UPCA; Rule 211.2 RoP Back to Decisions and Orders
Main Details: Case number UPC_CFI_124/2024 Registry number ACT_13886/2024 Date 26 June, 2024 Parties Alexion Pharmaceuticals, Inc. v. Amgen N.V. a.o. Order/Decision reference ORD_38032/2024 Type of action Application for provisional measures Language of Proceedings English Court - Division Court of First Instance - Hamburg (DE) Local Division Headnotes: 1. The patent claim is always to be interpreted from the point of view of a person skilled in the art. Additionally, the skilled person is taking the purpose of every patent claim into account, to provide the average person skilled in the art with a technical teaching which, when reworked, leads to the intended success of the invention. 2. The court must be convinced of the validity of a patent in suit with a sufficient degree of certainty. A decision on provisional measures cannot be based solely on the court's view of the validity of the patent in suit, but also on the likelihood that the opposition division of the EPO will revoke the patent. Keywords: Preliminary injunction; Art, 62(2) UPCA; Rule 209(2) RoP. Validity of the patent in suit; degree of certainty; Art. 62 (4) UPCA; Rule 211.2 RoP Back to Decisions and Orders