UPC_CFI_1920/2025 – Illumina v Element Biosciences

Expert Commentary

Hearing dates Facts Infringement action and counterclaim for revocation. The Court 1. The Court will hear both the infringement action and the counterclaim together. 2. The interim conference will be on 16 October 2026 at 9.30 a.m. (Lisbon time). 3. The Parties are invited to submit topics for the interim conference by 6 October 2026. 4. Oral hearing on 17 December 2026 at 9 a.m. Comment 1. An interim conference two months before the oral hearing is very good timing because it allows certain submissions (considered necessary during the interim conference) to be made and questions to be answered before the oral hearing. A period of two months is about the perfect time window to be able to make the intended use of the interim conference, which is to have the case ripe for the oral argument. In turn, this allows to have a hearing of no more than one day, as some issues have already be dealt with. 2. Lisbon time is CET minus 1 hour! The Helsinki Local Division is CET plus 1 hour. All other Divisions and the Court of Appeal are on CET time. Although R. 300 RoP is silent about what time to apply, you should use the time zone of the Local Division for calculating procedural time limits such as filing an appeal. It means that, if in Luxemburg a 15-day time limit (e.g. R. 221 RoP) has expired, you still have an hour to file an appeal if it concerns an order of the Lisbon Division!

Full Decision Text

ORDER of the Court of First Instance of the Unified Patent Court issued on 22 June 2026 CLAIMANT: ILLUMINA, INC. represented by Bethan Hopewell, Joel Coles, Peter FitzPatrick of Powell Gilbert (Europe) LLP, Dublin; Ellis King of Powell Gilbert LLP, London; Sara Nazaré of Nazaré, Lima, Piriquito Santos & Associados Sociedade de Advogados, SP, RL, Lisbon) DEFENDANTS: Element Biosciences, Inc Element Biosciences Netherlands B.V. I.L.C. - Instrumentos de Laboratório e Científicos LDA LISBON – LOCAL DIVISION UPC CFI 1920/2025 represented by Dr. Marcus Grosch, Dr. Johannes Bukow, Anton Noldenn, Kai Mütze of Quinn Emanuel Urquhart & Sullivan, LLP PATENT AT ISSUE: EUROPEAN PATENT NO EP3714978 PANEL: Presiding judge and Judge-rapporteur: Rute Lopes Legally qualified judge: Stefan Johanssen Legally qualified judge: Stefan Schilling Technically qualified judge: Steen Wadskov-Hansen LANGUAGE OF THE PROCEEDINGS: English. SUBJECT OF THE PROCEEDINGS: Infringement action with Counterclaim for revocation – R. 28, 37 and 105 RoP. GROUNDS FOR THE ORDER 1. Following the communication issued by the Court to the parties, both parties have agreed on: - That infringement and counterclaim are heard together – R. 37.2 RoP. - Holding an Interim Conference on 16 October 2026. - That the Oral Hearing takes place on 17 December 2026. 2. Technical Qualified Judge Steen Wadskov-Hansen has been appointed to this case by the President of the Court of First Instance. ORDER 1. Counterclaim • This panel will proceed with both the infringement action and the counterclaim for revocation. 2. Interim Conference • The interim conference will be held on 16 October 2026 at 9:30 a.m., by videoconference (Lisbon time). • The parties are invited to suggest topics for the interim conferences by 6 October 2026. • The parties shall inform the sub-registry by email of the participants' names and functions by 6 October. The Registry will send out the invitations for the videoconference. • The parties are summoned to attend the Interim conference. 3. Oral Hearing • The Oral Hearing will be held in person at the Lisbon Local Division in Lisbon on 17 December 2026 at 9. a.m. • The parties are summoned to attend the Oral Hearing. • The parties shall inform the sub-registry by email of the participants' names and functions by 7 December. RUTE LOPES PRESIDENT AND JUDGE RAPPORTEUR STEFAN JOHANSSON LEGALLY QUALIFIED JUDGE STEFAN SCHILLING LEGALLY QUALIFIED JUDGE STEEN WADSKOV-HANSEN TECHNICALLY QUALIFIED JUDGE

Key Holdings

• Infringement actions and counterclaims for revocation can be heard together.
• Interim conferences are strategically scheduled to prepare cases for efficient oral hearings.
• A two-month window between interim conference and oral hearing is optimal for case readiness.
• The time zone of the Local Division governs the calculation of procedural time limits.
• Awareness of time zone differences across UPC divisions is crucial for meeting deadlines.

Tags

• Hearing Dates
• Case Management
• Procedural Timelines
• Time Zones
• Infringement
• Revocation
• Interim Conference
• Oral Hearing

Related Cases

• UPC_CFI_1920/2025 – Illumina v Element