UPC CFI, LD Munich, 2 April 2025: Preliminary objections rejected - infringement clearly explained

Preliminary objections rejected (R. 19 RoP). 

No opt-out applies: withdrawal of opt-out (Exhibit CRPO-1) identifies the opted-out patent. 

Sufficiently shown the infringement (actual and threatened) of the Patent in the statement of claim. The contested embodiment (...) and acts of infringement (...) are clearly explained in the statement of claim and summarized in the legal assessment accordingly (...). Furthermore, it is undisputed that the infringing acts occurred in Germany, i.e., within the jurisdiction of the Local Division Munich (...). Nothing more is required to establish the competence of the Court. 

Legal characterization of acts under substantive law is beyond the scope of the Rule 19 examination.

IPPT20250402, UPC CFI, LD Munich, Biomarin v Ascendis