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UPC-CFI-535/2025

Promosome LLC v. BioNTech SE a.o.

Date
2026-07-07
Division
Munich (DE) Local Division
Type of action
Counterclaim for revocation
Language
EN

Metadata

Case IDUPC-CFI-535-2025-ce1d94ff3b63
Case numberUPC-CFI-535/2025
Registry numberUPC-CFI-535/2025
Order reference
Keywords
Headnotes

Documents and full text

Extractor: pypdf | Pages: 93

1 Decision of the Court of First Instance of the Unified Patent Court Local Division Munich delivered on 7 July 2026 HEADNOTES 1. To assess whether a party is the holder of an “exclusive licence” within the meaning of Art. 47(2) UPCA, it is decisive whether a licensee is entitled to solely use and to exclude others, including the patent proprietor, from using the patented invention, which includes, in the case of an infringement, the right to assert claims. This does not necessarily mean that the right to use the patented invention can only be licensed to one exclusive licensee in its entirety and without limitations. An exclusive licence may, for instance, be limited in terms of its geographical scope, field of use or duration. 2. In order for a prior art disclosure to be relevant for nov ...