UPC Court of Appeal grants Sanofi extra time in first ruling

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UPC Court of Appeal grants Sanofi extra time in first ruling

Luxembourg city, view of the Old Town and Grund
Luxembourg, home of the UPC Court of Appeal

The Munich local division was wrong to side with Amgen over the drugmaker’s failure to upload annexes to its infringement suit on time, the appeal court ruled

Defendants should get extra time to respond to documents when plaintiffs don’t upload relevant annexes along with their claim, the UPC Court of Appeal has ruled in its first-ever decision.

In an order issued on Friday, October 13, and seen by Managing IP, a three-judge panel granted Sanofi’s request for an extended deadline to respond to Amgen’s infringement lawsuit.

The UPC’s Munich local division initially rejected that request.

Sanofi had made the request on the grounds that Amgen’s claim referred to annexes that were only filed after the initial complaint.

According to the Munich division, Amgen properly served the claim even without the annexes. On that point, the Court of Appeal agreed.

Sanofi had argued that service of the complaint was only effective when the exhibits were provided.

The dates of service were July 11 for Sanofi and July 19 for co-defendant Regeneron. Sanofi's annexes were received on August 10.

Both the Court of Appeal and the local division ruled that the date the annexes were filed was irrelevant when determining the date of service.

However, the Court of Appeal said that Sanofi was nevertheless entitled to extra time to respond to the claim due to the late upload.

The Munich division had denied Sanofi’s request for more time because the annexes mostly referred to material that was already available to it.

But the Court of Appeal said that reasoning was contrary to Rule 13.2 of the UPC Rules of Procedure, which is designed to enable defendants to respond to all the materials a claimant refers to.

“This provision ensures that the principles of fairness and equity, which must be ensured by taking into account the legitimate interests of both parties, are sufficiently respected,” the decision said.

Amgen failed to comply with the rule when it didn’t upload the annexes to the court’s case management system at the same time as it uploaded the complaint, the decision added.

The decision continued: “The fact that an extension causes delay and … is contrary to the interests of the plaintiff cannot lead to a different conclusion.

“It is within the plaintiff's power to comply with Rule 13.2. Accordingly, the disadvantages associated with non-compliance with the rule should affect the plaintiff alone and not the defendant.”

The Court of Appeal panel was made up of Rian Kalden, Ingeborg Simonsson, and Patricia Rombach.

German law firms Bardehle Pagenberg and Hoffmann Eitle represented Amgen and Sanofi respectively.

Sanofi’s lawyers will now have until November 10 to submit their statement of defence.

more from across site and SHARED ros bottom lb

More from across our site

Counsel at firms responsible for managing the highest number of trademark registrations explain the secrets behind staying organised and keeping the work flowing in
Attorneys explain what stakeholders should know about Patent Term Adjustments in Brazil, more than three years after a landmark Brazilian Supreme Court ruling
New categories have been added to reflect a changing legal and social landscape
Three sources explain why a notification by Nanjing’s IP centre in China banning AI use in patent drafting is too broad and could be difficult to enforce
Sheppard Mullin’s latest hires explain why the firm's industry expertise impressed them
Elizabeth Godfrey explains why she doesn’t believe in a ‘salesperson’ approach to BD, and reveals how AI is playing an important role at Davies Collison Cave
Partner moves data from April and May showed the firm boosted its presence in California, while another firm expanded in Atlanta
Angela Oliver shares tips for preparing oral arguments, and reveals her passion for marine biology
The Getty Images v Stability AI case, which will hear untested points of law, is a reminder of the importance of the legal system and the excitement it can generate
Firms explain the IP concerns that can arise amid attempts by brands to show off their ‘Canadianness’ to consumers
Gift this article