UPC_CFI_566/2024 – Syngenta v Sumi

Court
Local Division Düsseldorf
Date
Outcome
Granted
Sector
Chemicals
Decision Type
PROCEDURAL

Expert Commentary

Schedule setting - The Court schedules well in advance: - Interim Conference: 19 September 2025 (via video). - Oral Hearing: 10 December 2025. - The Court requests the President of the Court of First Instance to appoint Judge Dorland-Galliot as Technical Judge. Comment: 1. It is unclear why the Judge-Rapporteur specifically requested this Technical Judge. The appointment of the Technical Judge is up to the President of the Court of First Instance, and while this request does not override that authority, it is unlikely that the President would appoint someone else. It would be interesting for both the President, the parties, and readers to know why this specific request was made. 2. It is also up to the President of the Court of First Instance to appoint the (second and) third judge of different nationality in a panel. Although one can understand the wish of having always the same third judge for efficiency reasons, I think that this is not desirable for the UPC. The national judges of a Local Division should be exposed to different third judges and different other national traditions. It means also that more judges get to know each other, which will create a more international outlook and understanding. It would also give the opportunity to have less experienced judges gain more experience, which enhances the quality of the Court. If indeed a Local Division is very busy, this can be and is addressed with the appointment of further judges. Finally, most of the time claimants have a choice of venue and could get a less busy Local Division!

Full Decision Text

Order of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 12 February 2025 CLAIMANT Syngenta Limited, Jealott’s Hill International Research Centre, RG42 6EY, Bracknell, Berkshire – GB represented by: Benjamin Grzimek, Dr. Jörn Peters, Aylin Cremers (Fieldfisher) Prof. Dr. Aloys Hüttermann (Michalski, Hüttermann & Partner) Dr. Filip Alois J. De Corte, Dr. Christopher Andrews (Syngenta Crop Protection AG) DEFEFDANTS 1) Sumi Agro Limited, Bürgermeister-Neumeyr-Str. 7 - 85391 - Allershausen – DE 2) Sumi Agro Europe Limited, Bürgermeister-Neumeyr-Str. 7 - 85391 - Allershausen – DE represented by: Gareth Williams (Marks & Clerk) Johannes Heselberger, Dr. Axel B. Berger, Dr. Kerstin Galler (Bardehle Pagenberg) PATENT AT ISSUE European patent n° 2 152 073 PANEL/DIVISION Panel 1 of the Local Division Munich DECIDING JUDGES This order has been issued by the presiding judge Dr. Matthias Zigann acting as judge- rapporteur. Local Division Munich UPC_CFI_566/2024 UPC_CFI_566/2024 2 LANGUAGE OF THE PROCEEDINGS English SUBJECT-MATTER OF THE PROCEEDINGS Patent infringement; scheduling of the interim conference and the oral hearing ORDER 1. The date for the Interim Conference via videoconference is set for 6 October 2025, 10.00 a.m. 2. Suggestions for topics for the Interim Conference may be submitted until 19 September 2025. 3. The date for the Oral Hearing in person at Denisstr. 3 in Munich, room 212 and overflow room 220b, is set for 10 December 2025, 9.00 a.m. 4. The parties are summoned to the Interim Conference and the Oral Hearing. 5. The Judge-Rapporteur requests the President of the Court of First Instance to assign Judge Dorland-Galliot to the panel as a technically qualified judge pursuant to Article 34(1) of the Rules of Procedure. INSTRUCTIONS TO THE PARTIES The Interim Conference and the Oral Hearing will deal with the Infringement Complaint and possibly the Counterclaim for Revocation. The Panel will decide at a later stage under Rule 37 of the Rules of Procedure. Syngenta is invited to submit observations on this issue in its next written submission. INFORMATION ABOUT REVIEW BY PANEL Any party may request that this Order be referred to the panel for a review pursuant to R. 333 RoP. Pending review, the Order shall be effective (R. 102.2 RoP) 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 interim conference and 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. 106, 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. UPC_CFI_566/2024 3 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_68881/2024 in ACTION NUMBER: ACT_53813/2024 UPC number: UPC_CFI_566/2024 Action type: Infringement Action Dr. Zigann Presiding Judge

Key Holdings

  • The Court set a schedule for an Interim Conference (September 2025) and an Oral Hearing (December 2025).
  • The Court requested the President of the Court of First Instance to appoint a specific Technical Judge (Judge Dorland-Galliot).
  • The commentator questions the specific request for a Technical Judge and the broader practice of appointing the same third judge for efficiency, advocating for exposure to different national traditions and judges.

Tags

  • Case Management
  • Composition of Court
  • Efficiency
  • Technically Qualified Judge

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