NanoString Technologies Europe v President and Fellows of Harvard College (CFI, 4 October 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 4 October 2023 (UPC_CFI_252/2023, ACT_551180/2023), the judge-rapporteur of the Munich Central Division informed the parties that the preliminary objection lodged by President and Fellows of Harvard College, defendant to NanoString Technologies Europe’s revocation action against EP 2 794 928 (Germany, France and the Netherlands), would be dealt with in the main proceedings. The objection, based on lis pendens and related actions (Arts 29 and 30 Brussels I bis), concerns only the German part of the patent, already challenged before the Federal Patent Court by a sister company of the claimant. The order accepts that such grounds fall within the preliminary objection under Rule 19.1(a) RoP, but does not rule on the objection itself.

Question

Can an objection based on Arts 29 and 30 of the Brussels I bis Regulation be raised as a preliminary objection, and must it be decided before the merits?

Decision

Since the Court’s international jurisdiction is governed by the Brussels I bis Regulation (Art. 31 UPCA), these grounds concern « jurisdiction and competence » within Rule 19.1(a) RoP. The objection relates only to the German part of the patent, and the proceedings continue for the other parts in any event. It is more efficient to decide the point in the main proceedings: by then the German action, with a hearing set for 7 May 2024, may have concluded or moved on, and the parties will be able to argue the objection at the oral hearing. Neither party explained why an earlier decision was needed. The parties must keep the Court informed of relevant developments in the German action.

Key points for practice

• Lis pendens and related actions under Brussels I bis may be raised by way of preliminary objection (Rules 19.1(a) and 48 RoP).
• Practical point: a defendant seeking an immediate ruling should explain why the objection cannot wait for the main proceedings (Rule 20.2 RoP).

Provisions applied

Agreement on a Unified Patent Court

Art. 31

Rules of Procedure

Rules 19.1(a), 20.1, 20.2, 21.1, 48, 158, 263.1, 264 and 302.1

Other provisions

Regulation (EU) No 1215/2012, Arts 29 and 30

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.