UPC_APP_8340/2025

TREATMENT OF PAROXYSMAL NOCTURNAL HEMOGLOBINURIA PATIENTS BY AN INHIBITOR OF COMPLEMENT

Procedural & sub-applicationsOther ProceduralCourt of AppealGeneric application—

Overview Decisions Citations Documents Timeline

Parties

Claimants

Alexion Pharmaceuticals, Inc.(AstraZeneca Group)

Reps: Elena Hennecke (Freshfields)

Respondents

Samsung Bioepis NL B.V.

Reps: Peter Meyer (Simmons & Simmons)

Judges

Rian KaldenPresiding judge and judge-rapporteur
Patricia RombachLegally qualified judge
Ingeborg SimonssonLegally qualified judge

Patents

EP 3 167 888

CPC codes: A61P31/04, A61P25/18, A61P29/02, A61K39/395, A61K2039/505, A61P7/02, A61P25/26, A61P13/02, A61P15/10, A61P17/00, A61P7/00, A61P25/28…

Sector: Organic Chemistry

Outcome

Dismissed

Filed: —

First decided: Jun 19, 2025

Language: —

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.