UPC Court of Appeal grants Sanofi extra time in first ruling

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

A principal at Schwegman Lundberg & Woessner explains how AI tools, including DeepIP, can position the firm to help clients
The firm explains why AI-empowered data analytics could make it more efficient advocates for its clients
Penelope Aspinall, of IP wellbeing charity Jonathan’s Voice, explains why managers should take a three-tiered approach to looking after workers’ mental health
Heath Hoglund talks about the value proposition of patent pools and why it went ahead with its first-ever series of pool meetings in China
Ryan Richardson, Chris O’Brien, and Jean Selep of Sterne Kessler analyse the treatment of SEPs at the UPC and ITC and highlight why SEP holders and implementers should be mindful of current developments in both forums
A ruling concerning the UPC’s jurisdiction, questions over costs transparency, and a missed deadline by Amazon were among the top talking points this fortnight
Exclusive data and analysis reveal how firms can differentiate themselves when it comes to costs and value
The Berlin office will mark the firm’s fourth German base and tenth overall
As we build up to another busy year for the IP STARS rankings and Managing IP Awards, we give a rundown of some of the major IP firms and trends in the UK
Three firms have received at least 13 nominations, while a further three have 12 nominations each
Gift this article