UPC_CFI_1167/2026 – Simmons & Simmons v Roche and Organon

Court
Local Division Brussels
Date
Sector
Pharma/Bio
Decision Type
PROCEDURAL

Expert Commentary

Access to file The JR The JR states that he will issue a new R. 262.1(b) RoP order on the same day, as the earlier had contained a clerical error. Comment 1. Neither the old order nor the new order has been published as of 4 May 2026. 2. The clerical error was that one of the names of the representatives was misspelled. 3. Why is the JR making such a fuss? He should just ask the parties to ignore the order, correct the error, and publish the corrected order instead. 4. Finally, my name has been misspelled in several court decisions (for example, “Hoying”), but I have never made a fuss about it. However, I know this is rather personal. My father used to return letters addressed to “Hoying” (instead of “Hoyng”) unopened to the sender with the words “not living at this address” written on the envelope. Those were the times!

Full Decision Text

Brussels - Local Division UPC CFI 1167/2026 Order (R. 353 RoP) of the Court of First Instance of the Unified Patent Court Local Division Brussels Issued on 4 May 2026 Concerning EP 3 401 335 B1 APPLICANTS: SIMMONS & SIMMONS LLP Represented by: O.V. Lamme M.J. Timmerman Hereafter referred to as: Applicant IN THE PROCEEDINGS (UPC CFI 407/2025 AND UPC CFI 408/2025) BETWEEN As Claimants/Applicants GENENTECH INC. F. HOFFMANN – LA ROCHE AG Represented by: Rutger Kleemans, Freshfields LLP, Strawinskylaan 10 – 1077 XZ Amsterdam (The Netherlands), Co-Represented by: Nerissa Teeuwen (Freshfields LLP) Hereafter referred to as: GENENTECH & ROCHE AS DEFENDANTS: ORGANON HEIST B.V. NV ORGANON Represented by: Judith Krens, Pinsent Masons Netherlands LLP (The Netherlands), Gelrestraat 42-44 - 1079MZ - Amsterdam (The Netherlands) Co-Represented by: Vural Ergisi (Pinsent Masons Netherlands LLP) Alasdhair McDonald (Pinsent Masons Netherlands LLP) Emily Flood (Pinsent Masons Netherlands LLP) Hereafter referred to as: ORGANON Both GENENTECH & ROCHE and ORGANON referred to hereafter as “Respondents” LANGUAGE OF THE PROCEEDINGS: ENGLISH SUBJECT MATTER OF THE PROCEEDINGS: Clerical mistake (R.353 RoP) PANEL/LOCAL DIVISION The Panel (LD Brussel) consists of the following judges: Presiding Judge – Judge-Rapporteur / Legally Qualified Judge: Samuel Granata Legally Qualified Judge: Petri Rinkinen UPC CFI 1167/2026 2 Legally Qualified Judge: Rute Lopes DECIDING JUDGES: This order is issued by the Mr. Samuel Granata (Judge-Rapporteur). GROUNDS The Judge -Rapporteur issued a R. 262.1.(b) RoP order earlier today (4 May 2026). Due to a clerical mistake one of the names of the representatives of GENENTECH & ROCHE was wrongly mentioned which was pointed out by GENENTECH & ROCHE in their request of the same day. Due to the nature of the clerical mistake no comments from the other parties are deemed necessary. The Judge-Rapporteur will issue a new R. 262.1.(b) RoP order today (4 May 2026) rectifying this clerical mistake. ORDER The Judge-Rapporteur will issue a new R. 262.1.(b) RoP to replace the issued order on 4 May 2026. This order is issued on 4 May 2026 by the Judge-Rapporteur: Samuel GRANATA Judge-Rapporteur Presiding judge LD Brussels Legally Qualified Judge

Key Holdings

  • The Judicial Rapporteur (JR) issued a new order to correct a clerical error in a previous order.
  • The clerical error involved the misspelling of a representative's name.
  • The author suggests that a simpler approach, such as asking parties to ignore the old order and publishing a corrected one, might be more efficient than issuing a new order.
  • Neither the original nor the new order had been published as of the analysis date.

Tags

  • Procedural
  • Clerical Error
  • Order
  • Publication of Decision
  • Judicial Rapporteur

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