UPC_CFI_195/2025 – Sanofi v Amgen
- Court
- Local Division Düsseldorf
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Stay of proceedings Facts The claimants seek a stay of proceedings (R. 295(m) RoP) pending the outcome of the appeal in infringement proceedings before the Local Division Düsseldorf concerning a related patent. The Judge-Rapporteur (JR) 1. The JR states there are no significant differences regarding the infringement question and it is likely that the Court will therefore also dismiss this claim. 2. If the Court of Appeal dismisses the appeal then claimant can still withdraw this case meaning that parties have not to spend more money on it. Comment This seems a logical decision and I do not understand why defendant objected. If they win the pending appeal the present case will also go away (claimant will then withdraw) without having to spend more money on it. If they continue and win (as the JR tells them) they have to face a further appeal case with costs. If they lose the first appeal, they will also lose the second appeal with far more costs than after losing one appeal.
Full Decision Text
1 Düsseldorf Local Division UPC_CFI_195/2025 Procedural Order of the Court of First Instance of the Unified Patent Court issued on 6 August 2025 concerning EP 4 252 857 CLAIMANTS: 1. Sanofi Biotechnologies SAS, 82 avenue Raspail, 94250 Gentily, France, represented by its chairman, Laurent Gilhodes, 2. Regeneron Pharmaceuticals Inc., 777 Old Saw Mill River Road, Tarrytown, New York 10591, United States of America, represented by its CEO Leonard Schleifer, all Claimants represented by: Dr. Niels Hölder, Mike Gruber, Dr. Michael Pfeifer and all other UPC Represenatives of HOFFMANN EITLE PartmbB, Daniel Wise, Agathe Michel-de Cazotte and all other UPC Rep- resentatives of CARPMEALS & RANSFORD, 1 Southampton Row WC1B 5HA London, United Kingdom, electronic address for service: nhoelder@hoffmanneitle.com DEFENDANTS: 1. Amgen Inc., One Amgen Center Drive, Mail Stop 2-28-C, 91320 1799 Thousand Oaks, Califor- nia, USA, represented by its CEO Robert Bradway, 2. Amgen Europe B.V., Minervum 7061, 4817 ZK Breda, The Netherlands, represented by its managing directors Jan Arie Bouman, Paulus Johannes Dekkers and Daniëlle Christine IJkema, 3. Amgen N.V., Telecomlaan 5-7 1831 Diegem, Belgium, represented by its Directors Gwenaël Caesens, Paraskevi Florou and Gabor Sztaniszlav, 4. Amgen GmbH, Riesstraße 24, 80992 Munich, Germany, represented by its managing direc- tors Manfred Heinzer, Adam Stewart Elinoff and Andreas Wolfgang Bierl, 5. Amgen B.V., Minervum 7061 Breda, 4817 DH, The Netherlands, represented by its directors Johannes Jacobus Michel Maria Rijnierse, Maria Carolina Correa and Paraskevi Florou, 2 6. Amgen S.A.S., 18-20 Quai du Point du Jour, Boulogne-Billancourt, 92100 France, represented by its president Corinne Buffet, 7. Amgen S.R.L., Via Enrico Tazzoli 6, Milano (Mi), 20154 Milano, Italy, represented by its direc- tors Corrado Napolitano and Paraskevi Florou, all Defendants represented by: Johannes Heselberger, Nadine Westermeyer and all other UPC Representatives of BARDEHLE PAGENBERG Partnerschaft mbB, Prinzregentenplatz 7, 81675 München, Germany electronic address for service: heselberger@bardehle.de PATENT AT ISSUE: European patent n° EP 4 252 857 PANEL/DIVISION: Panel of the Local Division in Düsseldorf DECIDING JUDGES: This Order was issued by Presiding Judge Thomas, Legally Qualified Judge Dr Thom, Legally Quali- fied Judge Kupecz and Technically Qualified Judge Dorland-Galliot. LANGUAGE OF THE PROCEEDINGS: English SUBJECT OF THE PROCEEDINGS: Stay proceedings – R. 295 (m) RoP REQUESTS OF THE PARTIES: The Claimants request, pursuant to Rule 295(m) of the Rules of Procedure (“RoP”), that the Court orders that the infringement proceedings are stayed immediately pending the outcome of the appeal against the first instance decision ORD_598583/2023 of the LD Düsseldorf in the infringe- ment proceedings UPC_CFI_505/2024, ACT_597355/2023 in relation to patent EP 3 536 712 (“EP712”). The Defendants request, to reject Claimants’ request to stay the infringement proceedings UCP_CFI_195/2025, ACT_10334/2025. GROUNDS OF ORDER: The Court orders to stay the proceedings for the following reasons: The Claimants base their request on the statement that the question of infringement of EP 857 involves the same factual and legal questions as the case UPC_CFI_505/2024 in relation to EP 712. Under these circumstances, the Court finds that the stay of the proceedings is in accordance with 3 the requirements of proper administration of justice. If there are no significant differences regarding the infringement issue, it is likely that the Court will also dismiss this claim. Against this background, it is reasonable to conserve the Court's and the parties' resources until the Court of Appeal has made its decision. If the appeal is unsuccessful, the Claimant can still withdraw the claim, meaning that neither party will have spent more time or money than necessary. Contrary to the opinion of the Defendants, the Court sees no conflict between the fundamental right to an effective legal remedy and a fair and public hearing within a reasonable time and the principles of proportionality, flexibility, fairness and equity (Art. 41(3) and 42 UPCA; Art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms). At this point in time, no (permanent) injunction has been granted against the Defend- ants. If the appeal is successful, it is reasonable and fair that the Claimants have a chance to pre- sent new legal arguments and that the Defendants still have the stage of first instance to demon- strate why this case should be approached differently to UPC_CFI_505/2024. In the view of effi- ciency the stay also effects the counterclaim for revocation. ORDER: The infringement action and the counterclaim for revocation (ACT_10334/2025; CC_29742/2025) are stayed pending the outcome of the appeal against the first instance decision ORD_598583/2023 of the Local Division Düsseldorf in the infringement proceed- ings UPC_CFI_505/2024, ACT_597355/2023 relating to patent EP 3 536 712 (“EP712”). DETAILS OF THE ORDER: App_27318/2025 related to the main proceeding ACT_10334/2025, CC_29742/2025 UPC-Number: UPC_CFI_195/2025 and UPC_CFI_568/2025 Subject of the Proceedings: Patent infringement action and counterclaim for revocation Issued in Düsseldorf on 6 August 2025 NAMES AND SIGNATURES 4 Presiding Judge Thomas Legally Qualified Judge Dr Thom Legally Qualified Judge Kupecz Technically Qualified Judge Dorland-Galliot For the Sub-Registry
Key Holdings
- Proceedings stayed pending appeal in related infringement case (R. 295(m) RoP).
- High likelihood of parallel outcome noted.
Tags
- Appeal
- Procedural Efficiency
- Stay of Proceedings