Division Munich – Case Management in practice

Overview of Proceedings

This order follows an interim hearing conducted via video conference on January 22, 2024, reflecting the -  apparently - already “established” practice to use modern technologies, at least for the interim conference.

Key Procedural Developments

The court has laid down a roadmap for the next phases of this litigation:

  • Written Procedure Closure: The written phase of the proceedings is set to conclude on March 8, 2024.
  • Oral Hearing Date: A key date for both parties, the oral hearing is confirmed for April 16, 2024, at 9:00 AM.
  • Deadlines for Submissions: Crucial deadlines have been established for both parties to submit their responses, with the defendant's reply due by February 9, 2024, and subsequent opportunities for both sides to further respond.
  • Cost Estimation: Parties are requested to submit a preliminary estimate of costs by March 8, 2024, in compliance with Rule 104.k of the Rules of Procedure.
  • Valuation of Dispute: The court has valued the dispute at €2 million, indicating the significant economic stakes involved

Noteworthy Instructions

The court has provided instructions for accessing the recording of the interim conference, emphasizing transparency and accessibility of court proceedings. Furthermore, the necessity to navigate procedural nuances within the CMS, such as indicating the non-occurrence of an interim conference to allow further case processing, highlights the operational challenges within the nascent UPC system.

Implications for Parties and Practitioners 

This order from the Local Division Munich underscores the UPC's commitment to a structured and efficient management of patent litigation, with clear timelines and procedural expectations. For legal practitioners, the outlined deadlines and procedural notes serve as a critical guide for case preparation and strategic planning.

Our Takeaways:

  • Efficient Case Management: Munich's Local Division demonstrates effective case management through precise scheduling and procedural clarity.
  • Adaptation to Digital Proceedings: The use of video conferencing for interim conferences seems to evolve into standard practice.
  • Strategic Implications for Litigants: At least in this case, several further opportunities for written submission have been allowed.