UPC Court of Appeal grants Sanofi extra time in first ruling
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

High-earning businesses place most value on the depth of the external legal teams advising them, according to a survey of nearly 29,000 in-house counsel
Kilpatrick Townsend was recognised as Americas firm of the year, while patent powerhouse James Haley won a lifetime achievement award
Partners at Foley Hoag and Kilburn & Strode explore how US and UK courts have addressed questions of AI and inventorship
In-house lawyers have considerable influence over law firms’ actions, so they must use that power to push their external advisers to adopt sustainable practices
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel say they’re advising clients to keep a close eye on confidentiality agreements after the FTC voted to ban non-competes
Data from Managing IP+’s Talent Tracker shows US firms making major swoops for IP teams, while South Korea has also been a buoyant market
The finalists for the 13th annual awards have been announced
Counsel reveal how a proposal to create separate briefings for discretionary denials at the USPTO could affect their PTAB strategies
The UK Supreme Court rejected the firm’s appeal against an earlier ruling because it did not raise an arguable point of law
Gift this article