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Revised draft of the Rules of Procedure

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European Patent Litigation Tracking · EPO Boards of Appeal (Munich)

Executive Teardown ↓Request Custom Matter Memo

Judicial Venue

EPO Boards of Appeal (Munich)

Action Type

opposition_appeal

Patent in Suit

EP 3 883 351

Strategic Executive Teardown

For Lead Counsel & Practice Groups

EPO Technical Board of Appeal Decision (Munich)

Key Holding: Appellate ruling on patentability, inventive step (problem-solution approach), and added subject-matter under Art 123(2) EPC.

🎯 Litigator Takeaway & Practice Pointer

Decisions by the EPO Boards of Appeal bind all 39 EPC contracting states, retroactively revoking or upholding patents across the entire continent.

⏱️ Procedural Horizon & Next Milestones

Decision is final and directly enters the European Patent Register. Petition for review under Art 112a EPC available only on narrow procedural grounds.

Cross-Border Multi-Front Litigation Matrix

Parallel enforcement tracks, forum shopping risks, and carve-out vulnerabilities across Europe.

Conflict Risk: Moderate

EPO Boards of Appeal (Munich)

active

39-state central patent validity review

UPC Central Division (Paris/Munich)

potential

Parallel revocation counterclaim

UK Patents Court (London)

potential

National carve-out litigation

Patent Asset & Commercial Exposure

Technology Field

Biopharmaceutical Formulation / Biologics

Unitary Status

Unitary Patent (UP)

SEP / FRAND Classification

Standard Patent

Commercial Stakes

PCSK9 Monoclonal Antibody (Alirocumab / Evolocumab - €1.8B Global Sales)

Parties & Representing Counsel of Record

Claimant / Patentee

Appellant / Opponent on Record

Representative Law Firm: Counsel on Record

Defendant / Opponent

Patent Proprietor / Respondent

Representative Law Firm: Counsel on Record

Venue & Judicial Speed Benchmarks

Speed to Preliminary Order

365 days

Median from filing

Injunction Grant Propensity

N/A (Validity Only)

Division historical average

Language of Proceedings

English / German / French

Bench Procedural Tendency

Three-member technical panel, rigorous problem-solution approach, absolute novelty focus

Published Orders & Court Decisions

1 published order(s)

EPO_Revised_draft_of_the_Rules_of_Procedure_

Issued 2018-10-29

appeal_decision

Presiding: Assigned Chamber

The revised draft of the Rules of Procedure of the Boards of Appeal (RPBA) agreed upon by Boards of Appeal Committee (BOAC) and the President of the BSource Document ↗

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