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

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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_Coronavirus

Issued 2020-03-09

appeal_decision

Presiding: Assigned Chamber

Information for parties, parties' representatives and accompanying persons or visitors to the Boards of Appeal of the EPOSource Document ↗

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