UPC CoA 528/2024

Sanofi and Regeneron withdrew their application for rehearing (R.245 RoP) concerning the Court of Appeal's decision of 25 November 2025 (UPC_CoA_528/2024 and UPC_CoA_529/2024) which had rejected the revocation of EP 3 666 797 and set aside the Central Division Munich's first-instance decision. The application for withdrawal was permitted. The decision covers both UPC_CoA_528/2024 and UPC_CoA_529/2024. Court fees were to be reimbursed accordingly.

The Court of Appeal (Panel with Klaus Grabinski, Nathalie Sabotier, Peter Blok) rejected Sanofi and Regeneron's application for suspensive effect concerning the Court of Appeal's own decision of 25 November 2025 which had rejected the requests for revocation of EP 3 666 797. Sanofi and Regeneron sought suspensive effect as part of a petition for rehearing (R. 220.4 RoP). The court found no basis to suspend a revocation-rejection decision (as this had no practical effect on the patent's validity status), and rejected the claim that the CoA's reasoning on claim interpretation and inventive step was based on issues not argued by the parties.