UPC_CoA_744/2025; UPC_CoA_750/2025 – Samsung v Alexion
- Court
- Court of Appeal
- Date
- Outcome
- Settled
- Sector
- Pharma/Bio
- Decision Type
- SETTLEMENT
Expert Commentary
Settlement of cost proceedings Facts 1. Alexion lost preliminary injunction proceedings in first instance and on appeal. 2. Samsung filed cost proceedings but the Local Division Hamburg awarded only part of the requested costs. 3. Samsung applied for leave for appeal. 4. Afterwards, the parties asked for a stay because of settlement negotiations. 5. A settlement was reached. 6. Samsung filed a withdrawal request for the application for leave for appeal on 30 January 2026. Alexion agreed. Parties did not require a cost decision. The Court of Appeal 1. R. 265.1 RoP also applies to a withdrawal of an application for leave for appeal. 2. The application is permitted. Comment This makes an end to the cost proceedings. However, such a late settlement, in cost proceedings, would not undo the result if the patent is revoked in a first instance case on the merits and one wants to keep the patent alive. In that case, you have to settle before a final decision of the Court of Appeal!
Full Decision Text
DECISION of the Court of Appeal of the Unified Patent Court issued on 18 February 2026 concerning a withdrawal pursuant to R. 265.1 RoP APPELLANT (AND DEFENDANT BEFORE THE COURT OF FIRST INSTANCE) Samsung Bioepis NL B.V., Delft, The Netherlands (hereinafter referred to as: “Samsung”) represented by Dr. Peter Meyer, attorney at law, Simmons & Simmons LLP, Munich, Germany RESPONDENT (AND CLAIMANT BEFORE THE COURT OF FIRST INSTANCE) Alexion Pharmaceuticals, Inc., Boston, United States (hereinafter referred to as: “Alexion”) represented by Elena Hennecke, attorney at law, Freshfields Bruckhaus Deringer Rechtsanwälte Steuerberater PartG mbB, Düsseldorf, Germany P ATENT AT ISSUE EP 3 167 888 LANGUAGE OF THE PROCEEDINGS English D ECIDING JUDGE Rian Kalden, legally qualified judge and standing judge UPC Court of Appeal UPC CoA 744/2025 UPC CoA 750/2025 IMPUGNED ORDERS OF THE COURT OF FIRST INSTANCE ORD 11300/2025 / ORD 34130/2025 in ACT 3177/2025 UPC CFI 40/2025, issued by the Hamburg Local Division on 1 August 2025. ORD 46711/2025, in App 43786/2024 UPC CFI 123/2024 in ACT 13849/2024 UPC CFI 123/2024, issued by the Hamburg Local Division on 1 August 2025. SUMMARY OF FACTS AND PARTIES’ REQUESTS 1. Alexion's application for provisional measures was dismissed and it was ordered to bear the costs of the proceedings. Alexion's appeal was rejected, and it was again ordered to bear the costs of the proceedings. Samsung applied for a cost decision under R. 150 RoP. The Hamburg Local Division has found the application for a cost decision admissible but only partially justified. 2. Samsung applied for leave to appeal the impugned decisions under R. 221.1 RoP. The Court has given the opportunity to comment on this application to Alexion. After granting extensions on requests by Alexion with Samsung's agreement, the proceedings were stayed with the order that the parties shall inform the Court whether the proceedings need to be resumed, or if a further stay is requested. 3. On 30 January 2026, the Appellant filed a withdrawal of the applications for leave to appeal a cost decision pursuant to R. 265.1 RoP, stating that no costs will be claimed. 4. On 4 February 2026, the Respondent consented to the withdrawal of the applications for leave to appeal and stated that it will not claim any costs. GROUNDS Conditions for permitting withdrawal 5. As long as there is no final decision in an action, a claimant may, pursuant to R. 265.1 RoP, apply to withdraw his action. The application to withdraw shall not be permitted if the other party has a legitimate interest in the action being decided by the Court. 6. R. 265.1 RoP also applies mutatis mutandis to the withdrawal of an application for leave to appeal under R. 221 RoP. 7. In view of Alexion’s consent, Alexion cannot be considered to have a legitimate interest in the appeals being decided by the Court. The applications to withdraw can thus be permitted. Costs 8. No decision on costs is required here, since both parties have declared that no costs will be claimed. DECISION The Court of Appeal: - permits the withdrawal of the appeals and declares the proceedings closed; - orders that this decision shall be entered on the Register; - declares that there is no need for a cost decision. Issued on 18 February 2026 Rian Kalden Standing judge
Key Holdings
- R. 265.1 RoP, concerning withdrawal requests, also applies to the withdrawal of an application for leave to appeal.
- A settlement in cost proceedings can lead to the withdrawal of an application for leave to appeal.
- Settlement of cost proceedings effectively ends the cost dispute.
Tags
- Settlement
- Costs
- Withdrawal
- Appeal
- Procedure