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 2026

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

With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Gift this article