1. Key takeaways
There is no automatic right to reply to a rejoinder
The UPC proceedings are generally front-loaded (e.g., Preamble RoP 7). Therefore, the exchange of written pleadings is normally limited in accordance with Rule 43 RoP.
A request for the admission of a brief in response to a rejoinder in the written procedure is not premature
It does not follow from the fact that the judge-rapporteur may order the production of further pleadings and evidence in the interim procedure, that a request aiming at this, which was made before closure of the written procedure, is as such premature and should for that reason be rejected.
2. Division
Munich Central Division
3. UPC number
UPC_CFI_1/2023
4. Type of proceedings
Revocation action
5. Parties
Sanofi-Aventis Deutschland GmbH
Sanofi-Aventis Groupe
Sanofi Winthrop Industrie S.A.
Amgen, Inc.
6. Patent(s)
EP 3 666 797
7. Jurisdictions
Place jurisdictions
8. Body of legislation / Rules
Rule 58 RoP, Rule 43 RoP, Rule 35 RoP, Rule 36 RoP, Rule 9.1 RoP
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