CASELAW-UPC – reviews of UPC decisions

EP 3 167 888 B1 relates to the treatment of paroxysmal nocturnal hemoglobinuria patients with an inhibitor of complement component 5.
Claim 2 reads:
“A pharmaceutical composition comprising the antibody of claim 1.”
Claim 1 reads
“An antibody that binds C5 comprising a heavy chain consisting of SEQ ID NO: 2
and a light chain consisting of SEQ ID NO:4.”
According to the description SEQ ID NO: 2 represents the eculizumab heavy chain and SEQ ID NO:4 represents the eculizumab light chain.

I had the pleasure to be in person at a Conference organised by CEIPI on the UPC on : The UPC – The first year in review.

The present summary is by no means exhaustive and some figures might be incorrect as they result from notes taken on the fly.

Contribution n° 1  was given by Mrs Florence Butin,

EP 3 666 797 B1 relates to antigen binding proteins that bind to proprotein convertase subtilisin kexin type 9 (PCSK9) and methods of using and making the antigen binding proteins.

The case is interesting not only as is a decision taken by a Section of the Central Division, but an opposition is going on in parallel at the EPO for the patent at stake and for the patent resulting from a first divisional application.

EP 2 568 724 relates to a “Radio Communication Device and Radio Communication Method”

Brief outline of the case

The claimant has introduced an infringement action before the CFI LD Mannheim.

A counterclaim for revocation has been filed by the alleged infringer.

The chairman and rapporteur has issued an order relating to the procedure,

EP 1 993 350 B1 relates to gene modified brown mushrooms for commercial production. Specific strains were deposited under various ATCC Accession Numbers.

Brief outline of the case

Following opposition before the EPO by two companies, the patent was maintained in amended form. The OD’s decision was not appealed.