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Procedural Order

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Main Details:

Case number
N.V. Nutricia
Nestlé Health Science (Deutschland) GmbH
Order/Decision reference
Type of action
Infringement Action
Language of Proceedings
Court - Division
Court of First Instance - Düsseldorf (DE) Local Division


1. Even if the panel is to decide by order on the procedure under Art. 33(3) UPCA as soon as possible after the conclusion of the written procedure pursuant to Rule 37.1 RoP, the panel may take an earlier decision pursuant to Rule 37.2 RoP if it takes into account the parties' submissions and grants them the right to be heard. 2. The joint hearing of infringement actions and counterclaims for revocation may be appropriate for reasons of efficiency alone. It is also advantageous from a substantive point of view, since it allows a decision on both the validity and the question of infringement based on a uniform interpretation of the patent in suit by the same panel in the same composition. 3. Although validity and infringement issues in the chemical/pharmaceutical field can be demanding, the panel is composed of judges who are very experienced in patent law and familiar with difficult issues in this context. The assignment of the TQJ, who is experienced in the technical field in question, ensures that the Local Division is undoubtedly capable of deciding both matters.


Proceeding with regard to Art. 33(3) UPCA; discretion to proceed; infringement action; counterclaim for revocation; assignment of a technically qualified judge; TQJ