Astellas Institute for Regenerative Medicine v Healios K.K. (CFI, ORD_465342/2023, 16 June 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 16 June 2023, the presiding judge of panel 1 of the Paris Central Division referred to the Munich section the revocation action brought on 1 June 2023 by Astellas Institute for Regenerative Medicine against EP 3 056 564 B1, held by Healios K.K. and Osaka University (UPC_CFI_80/2023, ACT_465342/2023), which concerns the purification of retinal pigment epithelial cells. The order shows how actions are distributed between the seats of the Central Division: by the first IPC classification indicated on the patent.

Question

Which seat or section of the Central Division should hear a revocation action against a patent whose first classification falls within IPC section C?

Decision

Where a patent bears more than one classification, the action goes to the seat or section matching the first classification indicated, in line with Annex II to the Agreement (Rule 17.3 RoP, applied to the statement for revocation through Rule 47 RoP). Presidium decision PR/08052023 of 8 May 2023, in force since 1 June 2023, provisionally allocates section A to the Paris seat and section C to the Munich section until a further section of the Central Division is set up. As the patent’s first classification is C 12N 5/079, the Registry was instructed to refer the case, under Rule 345.3 RoP, to the presiding judge of the relevant panel of the Munich section. The order has no numbered paragraphs.

Key points for practice

• Practical point: the first IPC classification on the patent determines which seat of the Central Division hears the case, and an action lodged with another seat is referred to it.

Provisions applied

Agreement on a Unified Patent Court

Annex II, Statute, Art. 15(3)

Rules of Procedure

Rules 16 to 18, 17.3, 47 and 345.3

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.