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UPC APP 8340/2025

·EP3167888: TREATMENT OF PAROXYSMAL NOCTURNAL HEMOGLOBINURIA PATIENTS BY AN INHIBITOR OF COMPLEMENT

Case details
Status
Action
Procedural application
Category
Other Procedural
Parties
Claimants
Reps: Elena Hennecke (Freshfields)
Respondents
Reps: Peter Meyer (Simmons & Simmons)
Division
Court of Appeal
Judges
Technology
Organic Chemistry
Language
First decided
Jun 19, 2025
Decisions
  • 2025-06-19
    DismissedAppeal decisionGeneric application

    Court of Appeal Panel 2 rejected Alexion Pharmaceuticals' application for rehearing (R. 245 RoP) of the earlier Court of Appeal order dismissing Alexion's appeal against the Hamburg Local Division's denial of provisional measures. Alexion had alleged fundamental procedural defects (new claim interpretation standard applied without being heard, and incorrect facts). The Court held that no fundamental procedural defect within the meaning of Art. 81(1)(b) UPCA / R. 247(c) RoP was established. Alexion ordered to bear Samsung's costs of the rehearing proceedings.

    Legal issues:Rehearing application (Art. 81(1)(b) UPCA, R. 245 RoP)Fundamental procedural defectRight to be heard (Art. 76 UPCA)Paroxysmal nocturnal hemoglobinuria treatment / complement inhibitor
Documents
  • A513FE13383EB02063F5F132D98F814C_en.pdf2025-06-19ENGLISH
Alexion Pharmaceuticals, Inc. v Samsung Bioepis NL B.V. — UPC APP 8340/2025 | UPClytics