Order of the Court of First Instance of 29 September 2003 in Case T-183/01: Alza Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Amicable settlement — No need to adjudicate)
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law

13.12.2003

EN

Official Journal of the European Union

C 304/29

3.

The interveners are to bear their own costs.

ORDER OF THE COURT OF FIRST INSTANCE

(1) OJ C 166 of 30.5.1998.

of 30 September 2003

ORDER OF THE COURT OF FIRST INSTANCE

of 29 September 2003

in Case T-183/01: Alza Corporation v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition — Amicable settle-
ment — No need to adjudicate)

(2003/C 304/53)

(Language of the case: English)

In Case T-183/01, Alza Corporation, established in Mountain
View, California (United States of America), represented by
lawyer, with an address for service in
M. Edenborough,
Luxembourg, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen),
the intervener before the Court of First Instance being: HEXAL
AG, established in Holzkirchen (Germany), represented by A.
Spranger, lawyer: ACTION brought against the decision of the
Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 23 May
2001 (Case R 321/1999-2) relating to opposition proceedings
between Alza Corporation and Hexal AG, the Court of First
Instance (Fourth Chamber), composed of: V. Tiili, President,
P. Mengozzi and M. Vilaras, Judges; H. Jung, Registrar, has
made an order on 29 September 2003, the operative part of
which is as follows:

1.

2.

3.

There is no longer any need to adjudicate on this action.

The applicant shall bear its own costs, as well as those of the
defendant.

The intervener shall bear its own costs.

in Case T-182/02: Uni-Pharma Kleon Tsetis Farmakeftika
Ergastiria Anonimos Viomichaniki kai Emporiki Eteria
against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition — Amicable settle-
ment — Not necessary to give judgment)

(2003/C 304/54)

(Language of the case: French)

In Case T-182/02: Uni-Pharma Kleon Tsetis Farmakeftika
Ergastiria Anonimos Viomichaniki kai Emporiki Eteria (Uni-
Pharma ABEE), established in Kato Kifisia, Attica (Greece),
represented by M. Bra and E. Gioti-Manthou, lawyers, with
an address for service in Luxembourg, against Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) (OHIM) (Agents: O. Montalto, E. Joly and O. Wael-
broeck), with BIOFARMA S.A., established in Neuilly-sur Seine
(France) and represented by V. Gil Vega and A. Ruiz López,
intervening before the Court of First Instance —
lawyers,
action brought against the decision of the Fourth Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 27 February 2002 (Case R 725/
2000-4) relating to opposition proceedings between Uni-
Pharma Kleon Tsetis Farmakeftika Ergastiria Anonimos Vio-
michaniki kai Emporiki Eteria (Uni-Pharma ABEE) and
BIOFARMA S.A. — the Court of First
Instance (Fourth
Chamber), composed of V. Tiili, President, P. Mengozzi and
Jung, Registrar, made an order on
M. Vilaras,
30 December 2003, the operative part of which is as follows:

Judges; H.

1.

2.

3.

It is no longer necessary to give judgment on the present
application.

The applicant shall bear its own costs and those of OHIM.

The intervener shall bear its own costs.

(1) OJ C 317 of 10.11.2001.

(1) OJ C 202, 24.8.2002.