UPC_CFI_18/2025;439/2025 – Biomarin v Ascendis
- Court
- Local Division Munich
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Scheduling The Court 1. No bifurcation, and request for a technical qualified judge. 2. Biomarin complains that the vacation period ends on 6 January which leaves little time for preparation for an interim conference on 9 January 2026. The Court sticks to 9 January 2026. 3. The Oral hearing is scheduled for 18 March 2026. 4. Topics for interim conference to be suggested by 19 December 2025. Comment Very good scheduling between the end of the written procedure and the oral argument which makes it possible to order certain things to be done or commented on before the oral hearing. Quite strange that you cannot appear on 9 January 2026 because the “vacation period” ends on 6 January 2026 and so you have only two days to prepare. So these representatives stop working from 19 December 2025 to 6 January 2026? Judges apparently work after 19 December and we also published our “UPC Unfiltered” on 23 December 2024, 30 December 2024 and 6 January 2025!
Full Decision Text
Procedural Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 2 June 2025 CLAIMANT 1) BioMarin Pharmaceutical Inc. 105 Digital Drive - CA 94949 - Novato - US represented by: Dr. Christian Paul, Dr. Tobias Mandler, Pascal Grandé, Dr. Olga Bezzubova, Dr. Ping Li, Dr. Sven Rihm (JONES DAY) supported by: Jason Raeburn, Alex Morgan (PAUL HASTINGS) DEFENDANTS 1) Ascendis Pharma A/S Tuborg Boulevard 12 - 2900 - Hellerup - DK 2) Ascendis Pharma Growth Disorders A/S Tuborg Boulevard 12 - 2900 - Hellerup - DK represented by: Agathe Michel-de Cazotte, Anna Leathley, Daniel Wiese (Carpmaels & Ransford) PATENT AT ISSUE European patent n° 3 175 863 PANEL/DIVISION Panel 1 of the Local Division Munich Local Division Munich UPC_CFI_18/2025 UPC_CFI_439/2025 UPC_CFI_18/2025 UPC_CFI_439/2025 2 DECIDING JUDGE/S This order has been issued by the Presiding Judge Dr. Matthias Zigann acting as judge-rapporteur and the legally qualified judges András Kupecz and Tobias Pichlmaier. LANGUAGE OF THE PROCEEDINGS English SUBJECT-MATTER OF THE PROCEEDINGS Scheduling R 28, 33, 37.2 RoP GROUNDS Both parties requested to proceed with both the infringement action and the counterclaim, and to ask the President of the Court of First Instance to appoint a technically qualified judge to the panel. As the panel sees no strong arguments against this approach, it is hereby ordered. Both parties confirmed that they would be available on the proposed dates. However, BioMarin raised concerns about the date of the interim conference, given that the vacation period ends on 6 January 2026. The proximity of this date to the vacation period would not allow sufficient time for coordination and preparation once the vacation period ends. As the judge rapporteur's calendar does not permit postponement of the interim conference by a week, as suggested by BioMarin, the panel supports the judge rapporteur's decision to set the date of the interim conference for 9 January 2026. BioMarin can decide for itself when and for how long to take a holiday. They will anyhow be available on that date. They will have more than two full days to prepare, given that the written procedure will end on 24 November 2025, with suggestions for topics for the interim conference to be submitted by 19 December 2025. ORDER 1. The date for the interim conference via videoconference is set for 9 January 2026, 10.00 a.m. 2. Parties are invited to suggest topics for the interim conference by 19 December 2025. 3. The date for the oral hearing in person in Denisstr. 3 in Munich, room 212 and overflow room 220b, is set for 18 March 2026, 9.00 a.m. 4. Parties are summoned to these dates. 5. The panel will proceed with both, the infringement action and the counterclaim for revocation and therefore requests the President of the Court of First Instance to allocate a technically qualified judge out of the technical field of biotechnology to the panel. 6. The written procedure will end on 24 November 2025. UPC_CFI_18/2025 UPC_CFI_439/2025 3 Dr. Zigann Presiding Judge Kupecz Legally Qualified Judge Pichlmaier Legally Qualified Judge 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 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. 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_25163/2025 in ACTION NUMBER: ACT_1613/2025 UPC number: UPC_CFI_18/2025 Action type: Infringement Action
Key Holdings
- Bifurcation denied.
- Strict scheduling maintained despite vacation period complaints.
- Oral hearing set.
Tags
- Bifurcation
- Case Management
- Scheduling
- Time Limits