UPC_ CFI_195/2025; UPC_ CFI_568/2025 – Sanofi v Amgen

Expert Commentary

Infringement action Facts This decision concerned two infringement cases, which were stayed because of appeal proceedings against a first instance decision in UPC_ CFI_505/2023, and were a part of an overall settlement. The Court 1. The Court accepted the withdrawal of both parties. 2. No cost decision as parties agreed. 3. 50% return of fees. Comment Infringement case settled after the written phase but before closure of the written procedure: make sure – as in these cases – that you ask for the return of court fees, if you want such return, together with the withdrawal requests.

Full Decision Text

1 Düsseldorf Local Division UPC CFI 195/2025 UPC CFI 568/2026 Decision of the Court of First Instance of the Unified Patent Court issued on 8 June 2026 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 2 of the Local Division in Düsseldorf DECIDING JUDGES: This Order was issued by Presiding Judge Dr Thom, legally qualified Judge Dr Rinken, legally quali- fied Judge Kupecz and technically qualified Judge Dorland-Galliot. LANGUAGE OF THE PROCEEDINGS: English SUBJECT OF THE PROCEEDINGS: R. 265.1, 370.9 RoP – Withdrawal and reimbursement SUMMARY OF FACTS AND PARTIES´ REQUESTS: 1. The Claimants filed a patent infringement action against the Defendants and the Defend- ants filed a counterclaim for revocation against the Claimant before 1 January 2026. The infringement action was separated from infringement proceedings UPC CFI 505/2023 by Order of 30 January 2025 rectified by Order of 3 February 2025. By Order of 6 August 2025 the Court stayed both proceedings pending the outcome of the appeal against the first instance decision ORD 598583/2023 of the Local Division Düsseldorf in the infringement proceedings UPC CFI 505/2023, ACT 597355/2023 relating to patent EP 3 536 712 (“EP712”). 2. Even prior to the closure of the written procedure, the Claimants withdrew the infringe- ment action by written submission dated 11 March 2026, and the Defendants also with- drew the counterclaim for revocation by written submission dated 12 March 2026. 3. The Defendants agreed to the withdrawal of the infringement action, and the Claimants agreed to the withdrawal of the counterclaim for revocation. 4. The Claimants request that the Court, I. lifts the stay of the infringement proceedings with reference number UPC CFI 195/2025 (Infringement Proceedings) insofar as required for the purpose 3 of allowing the Application for withdrawal of the Infringement Proceedings and Ap- plication for reimbursement of court fees, and for the purpose of issuing an order of withdrawal; II. permits the withdrawal of the Infringement Proceedings, initiated as an extension of the infringement proceedings in relation to EP 2 536 712 on 25 September 2024; III. reimburses Claimants 50% of the court fees; IV. closes the Infringement Proceedings. 5. The Defendants request, that the withdrawal of the counterclaim for revocation UPC CFI 568/2025 be per- mitted, and the reimbursement of 50 % of the court fees paid. GROUNDS OF ORDER: Withdrawal 6. The R. 265 RoP decision on withdrawal reflects the joint will of the parties involved. 7. Although R. 265.2(c) RoP states that decisions on costs shall be taken in accordance with Part 1, Chapter 5, this is not necessary here, as both parties have confirmed that they agree to bear their own costs and that separate proceedings for a cost decision are un- necessary (cf. UPC CoA 569/2024, Order of 24 January 2025 – DexCom v. Abbott). Reimbursement of Court fees 8. According to R. 370.9(b)(i) RoP as it reads until 31 December 2025, in case of the withdrawal of an action (R. 265 RoP), the party liable for the Court fees will be reimbursed by 60 % if the action is withdrawn before the closure of the written procedure. 9. This provision has been modified following the amendments to R. 370.9 RoP, which entered into force on 1 January 2026. The amendments apply to actions and applications filed after 31 December 2025 (see page 4 of the Decision of the Administrative Committee of 4 Novem- ber 2025 on the Amendment of the table of court fees and other related changes to the Rules of Procedure and Guidelines). 10. In case the application for withdrawal and reimbursement is filed after 1 January 2026, re- imbursement shall therefore be ordered in accordance with the new provision (see CoA, De- cision of 9 January 2026, CoA 257/2025, VMR Products LLC v. NJOY Netherlands BV; UPC- CoA 916/2025, Decision of 26 May 2026, Hurom v. NUC Electronics). 4 11. Following the amendments to R. 370.9(b) RoP, in case of the withdrawal of an action (R. 265 RoP), the party liable for the Court fees will be reimbursed by 50 % if the action is withdrawn before the closure of the written procedure. 12. In the present case, both the applications to withdraw the infringement action and the coun- terclaim for revocation were filed before the closure of the written procedure, however, af- ter 1 January 2026. Thus, reimbursement by 50 % (and not 60 %) is to be ordered in accord- ance with the provision of R. 370.9 RoP, as applicable from 1 January 2026. The court fees paid for the infringement action amount to € 225,000 which was ordered by the Court pur- suant R. 263.4 RoP in conjunction with R. 302.2 RoP. When separating both infringement actions the Court calculated the additional fees on the basis of a cumulated value of dispute amounting to € 70,000,000. ORDER: I. Panel 2 took over the case on 1 March 2026. II. The Court´s Order of 6 August 2026 is lifted for the purpose to permit the with- drawal and the reimbursement of court fees. III. The Court 1. permits the withdrawal of the infringement action and the withdrawal of the counterclaim and declares both proceedings closed; 2. orders that this decision be entered in the register; 3. declares that there is no need for a cost decision; 4. orders the Registrar to reimburse the Claimant, as soon as possible, 50 % of the court fees it has paid in these proceedings, amounting to € 112,500 (= 50 % of € 225,000); 5. orders the Registrar to reimburse the Defendants, as soon as possible, 50% of the court fees they have paid in these proceedings, amounting to € 10,000 (50 % of € 20,000); 6. sets the value in dispute for the infringement action at € 50,000,000 and the value in dispute for the counterclaim for revocation at € 50,000,000. Issued in Düsseldorf on 8 June 2026 NAMES AND SIGNATURES 5 Presiding Judge Dr Thom Legally Qualified Judge Dr Rinken Legally Qualified Judge Kupecz on behalf of Technically Qualified Judge Dorland-Galliot For the Sub-Registry

Key Holdings

• The UPC Court accepted the withdrawal of two infringement cases as part of an overall settlement.
• Parties can agree on the absence of a cost decision upon withdrawal of proceedings.
• A 50% return of court fees was granted following the withdrawal of the cases.
• It is advisable to explicitly request the return of court fees when submitting withdrawal requests, especially if the settlement occurs after the written phase.

Tags

• Infringement
• Withdrawal
• Settlement
• Costs
• Court Fees
• Procedural

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