ARTICLE
26 February 2025

LD Munich, February 14, 2025, Order On Preliminary Objection, UPC_CFI_437/2024

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Bardehle Pagenberg

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BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The Court's jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled...
Germany Litigation, Mediation & Arbitration

1. Key takeaways

A preliminary objection based on questions regarding the claimant's standing to bring an action is inadmissible or at least unfounded.

The Court's jurisdiction and competence, as referred to in R. 19.1 RoP, is not linked to whether a person bringing an action is ultimately entitled to bring the action or whether it is fully entitled to assert specific claims. Art. 32 UPCA setting out the competence of the Court does not mention the persons who may bring an action.

The list of grounds for a preliminary objection set out in R. 19.1 RoP is exhaustive.

2. Division

Munich Local Division

3. UPC number

UPC_CFI_437/2024, ACT_43382/2024

4. Parties

Claimant: GXD-Bio Corporation

Defendant 1: Myriad International GmbH

Defendant 2: Myriad GmbH

Defendant 3: Myriad Service GmbH

Defendant 4: Myriad Genetics GmbH

Defendant 5: Myriad Genetics S.A.S.

Defendant 6: Myriad Genetics B.V.

Defendant 7: Myriad Genetics S.r.l.

Defendant 8: Myriad Genetic Inc.

Defendant 9: Erobio Scientific

5. Patent(s)

EP 3 346 403

6. Body of legislation / Rules

Rule 19 RoP, Art. 32 UPCA

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