UPC_APP_11293/2025

Munich Local Division order (judge-rapporteur Kupecz) deferring the preliminary objection by BioNTech and Pfizer defendants to be dealt with in the main infringement proceedings. Promosome LLC sued BioNTech/Pfizer for infringement of EP 2 401 365 (mRNA patent) via Comirnaty COVID-19 vaccines. Defendants raised a preliminary objection challenging UPC jurisdiction over acts committed before 1 June 2023. The court found the objection admissible but ordered it to be resolved in the main proceedings (R. 20.2 RoP). Jurisdiction over acts from 1 June 2023 onward was uncontested.