UPC CFI, LD Paris, 25 November 2024: Decision of Munich Regional Court on parent paten no justification to reopen debate

No justification to reopen the debate after the oral hearing because of decision of Munich Local Division of 11 November 2024 (R. 334 and 336 RoP). 

This request made at a very late stage of the proceedings is not justified, since the decision in question does not concern the patent at issue in the present case, but its parent patent, which discloses another invention with similar but also different features. Moreover, the Regional Court of Munich, seized by an infringement action, did not examine the validity issue on the merits but in a context of a request for a stay with regard to the pending nullity proceedings before the Federal Patent Court. 

IPPT20241125, UPC CFI, LD Paris, Dexcom v Abbott