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

The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
Gift this article