Astellas Institute for Regenerative Medicine v Healios K.K. (CFI, 18 March 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 18 March 2024 following the interim conference (UPC_CFI_75/2023, ACT_464985/2023, order no. 598255), the judge-rapporteur of panel 1 of the Munich Central Division (A. Kupecz), in the revocation action on EP 3 056 563 brought by Astellas Institute for Regenerative Medicine against Healios K.K., Riken and Osaka University, admitted document D18, set the value of the proceedings at EUR 4,000,000 for the scale of ceilings on recoverable costs and confirmed the oral hearing for 25 June 2024.

Question

How does the judge-rapporteur deal, at the close of the interim conference, with the admission of a late document, the value of the proceedings and the timetable for costs submissions?

Decision

Document D18 was admitted, on condition that the Defendant may file a succinct reply, possibly with a short reply expert report, by 11 April 2024, strictly limited to the points raised. After discussion with the parties, the value of the proceedings was set at EUR 4,000,000 (Rule 104(j) in connection with Rule 152.3 RoP). The Administrative Committee’s scale sets a ceiling of EUR 400,000 for that value. The judge-rapporteur noted that the scale sets a ceiling on recoverable costs rather than an amount owed, that under Art. 69 UPCA reasonable and proportionate costs are borne by the unsuccessful party, and that the Court will in principle respect an agreement between the parties on their amount. Costs exhibits may be filed until 11 June 2024, with an update by noon CET on 24 June 2024.

Key points for practice

• Practical point: the interim conference is where the value of the proceedings and the costs timetable are fixed, parties should document their costs before the hearing and consider agreeing on the amount.

Provisions applied

Agreement on a Unified Patent Court

Art. 69

Rules of Procedure

Rules 9, 28, 104(j), 105.1, 105.5, 106, 108, 152.3 and 333

Related decisions

• Astellas Institute for Regenerative Medicine v Healios K.K, 18 March 2024, parallel order in action UPC_CFI_80/2023.

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.