NanoString v President and Fellows of Harvard College (CFI, 25 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 25 July 2024, the judge-rapporteur of the Munich Central Division (A. Kupecz) refused to admit a further written submission dated 22 July 2024 and two expert reports (BP25 and BP26) filed by President and Fellows of Harvard College, defendant in the revocation action brought by NanoString Technologies Europe against EP 2 794 928. The defendant relied on the revocation of the German part of the patent by the German Federal Patent Court on 7 May 2024. The order applies the front-loaded character of the proceedings strictly as the hearing approaches.

Question

Can further submissions and expert reports based on a national decision and on a Court of Appeal decision on a divisional patent be admitted under Rule 9.1 RoP shortly before the hearing?

Decision

No. The judge-rapporteur recalls the front-loaded character of the proceedings of the written procedure, referring to the Court of Appeal order of 28 May 2024. The Court of Appeal decision on the divisional patent EP 4 108 782 was issued on 26 February 2024 and the Federal Patent Court decision on 7 May 2024: the defendant gave no satisfactory explanation for waiting about five months and more than two months respectively. Admission would require the claimant to reply in detail and would probably jeopardise the hearing set for 18 September 2024. The right to a hearing within a reasonable time (Art. 6 ECHR, Art. 47 of the Charter) prevails. It is not for the Central Division to scrutinise the decisions of other courts. The interim procedure is closed (Rule 110.1 RoP).

Key points for practice

• Practical point: a national or appellate decision relied on in support of new submissions must be brought in without delay, an unexplained wait of several months is enough for refusal if the hearing is close.

Provisions applied

Rules of Procedure

Rules 9.1 and 110.1, Preamble (point 7)

Other provisions

European Convention on Human Rights, Art. 6, Charter of Fundamental Rights of the European Union, Art. 47

Case law cited

Court of Appeal, 26 February 2024, UPC_CoA_335/2023, Court of Appeal, order of 28 May 2024, case 22/2024

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.