Local Division Munich UPC_CFI_566/2024
Order
of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 12 February 2025
CLAIMANT
Syngenta Limited, Jealott's Hill International Research Centre, RG42 6EY, Bracknell, Berkshire - GB
represented by:
Benjamin Grzimek, Dr. Jörn Peters, Aylin Cremers (Fieldfisher) Prof. Dr. Aloys Hüttermann (Michalski, Hüttermann & Partner) Dr. Filip Alois J. De Corte, Dr. Christopher Andrews (Syngenta Crop Protection AG)
DEFEFDANTS
-
- Sumi Agro Limited , Bürgermeister-Neumeyr-Str. 7 - 85391 - Allershausen -
DE
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- Sumi Agro Europe Limited , Bürgermeister-Neumeyr-Str. 7 - 85391 - Allershausen -DE
represented by:
Gareth Williams (Marks & Clerk) Johannes Heselberger, Dr. Axel B. Berger, Dr. Kerstin Galler (Bardehle Pagenberg)
PATENT AT ISSUE
European patent n° 2 152 073
PANEL/DIVISION
Panel 1 of the Local Division Munich
DECIDING JUDGES
This order has been issued by the presiding judge Dr. Matthias Zigann acting as judgerapporteur.
LANGUAGE OF THE PROCEEDINGS
English
SUBJECT-MATTER OF THE PROCEEDINGS
Patent infringement;
scheduling of the interim conference and the oral hearing
ORDER
-
- The date for the Interim Conference via videoconference is set for 6 October 2025, 10.00 a.m.
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- Suggestions for topics for the Interim Conference may be submitted until 19 September 2025.
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- The date for the Oral Hearing in person at Denisstr. 3 in Munich, room 212 and overflow room 220b, is set for 10 December 2025, 9.00 a.m.
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- The parties are summoned to the Interim Conference and the Oral Hearing.
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- The Judge-Rapporteur requests the President of the Court of First Instance to assign Judge Dorland-Galliot to the panel as a technically qualified judge pursuant to Article 34(1) of the Rules of Procedure.
INSTRUCTIONS TO THE PARTIES
The Interim Conference and the Oral Hearing will deal with the Infringement Complaint and possibly the Counterclaim for Revocation. The Panel will decide at a later stage under Rule 37 of the Rules of Procedure. Syngenta is invited to submit observations on this issue in its next written submission.
INFORMATION ABOUT REVIEW BY PANEL
Any party may request that this Order be referred to the panel for a review pursuant to R. 333 RoP. Pending review, the Order shall be effective (R. 102.2 RoP)
INFORMATION ABOUT ORAL HEARING HELD IN COURT
The oral hearing shall be open to the public unless the Court decides to make it, to the extent necessary, confidential in the interests of one or both parties or third parties or in the general interest of justice or public order (R. 115 RoP).
INFORMATION ABOUT AUDIO RECORDING
The interim conference and the oral hearing shall be audio recorded. The recording shall be made available at the premises of the Court to the parties or their representatives after the oral hearing (R. 106, 115 RoP).
INFORMATION ABOUT ABSENCE OR DELAY OF A REPRESENTATIVE
A decision by default may be given, upon request, against a party that was duly summoned but fails to appear at the oral hearing (R. 355.1 (b) RoP.
INFORMATION ABOUT DECISION BY DEFAULT
Should a party fail to comply with the present Order within the time period specified, a decision by default may be given in accordance with R. 355 RoP (R. 103.1, last subparagraph and .2 RoP).
DETAILS OF THE ORDER
Order no. ORD_68881/2024 in ACTION NUMBER: ACT_53813/2024
UPC number:
UPC_CFI_566/2024
Action type:
Infringement Action
Dr. Zigann Presiding Judge