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UPC CFI 124/2024

Mar 19, 2024·EP3167888 Unitary patent · TREATMENT OF PAROXYSMAL NOCTURNAL HEMOGLOBINURIA PATIENTS BY AN INHIBITOR OF COMPLEMENT

Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Respondents
Representatives
Division
Hamburg LD
Technology
  • Chemistry
    Biotechnology · Pharmaceuticals
Language
English
First decided
Jun 26, 2024
EPO Opposition
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Preliminary injunction grantedMedian days to first decision
All UPC54% (38/70)124
Hamburg LDLockedLocked
Judge Sabine KlepschLockedLocked
Judge Alima ZanaLockedLocked
Judge Stefan SchillingLockedLocked
Judge Rudi GoedeweeckLockedLocked

At the UPC: AstraZeneca Group (13 cases)·Amgen Group (19 cases)

This dispute contains 2 other proceedings

UPC APP 43687/2024·UPC CoA 405/2024

6 other defendants litigating the same or a related patent

UPC CoA 744/2025·UPC CFI 674/2025·UPC CFI 51/2025·UPC CFI 642/2024·UPC CoA 402/2024 and 1 more

Start a free trial to see how each one ended.

More cases: Hamburg LD·2024

Decisions
  • 2024-06-26
    Application for provisional measuresPublic

    Summary: The Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against multiple Amgen entities based on EP 3 167 888, holding that while infringement could be established the court lacked sufficient certainty of patent validity given the EPO's repeated rejection of sequence correction attempts for SEQ ID NO:4.

    Show the legal issues (3)
    • preliminary injunction standard Art. 62(2) UPCA
    • validity certainty requirement Art. 62(4) UPCA
    • SEQ ID NO:4 disclosure and correction history
Document titleDatePublic
Case closed2025-12-05Not public
Order2025-12-05Not public
Order2025-12-05Not public
Cover sheet2025-12-03Not public
Other document Defendant2025-12-03Not public
Other document Defendant2025-12-03Not public
Receipt2025-12-03Not public
Order2025-12-02Not public
Order2025-12-02Not public
Cover sheet2025-11-26Not public
Plain-English summary

Alexion Pharmaceuticals applied for a preliminary injunction at the Hamburg Local Division against nine Amgen entities across multiple European countries regarding EP 3 167 888 B1 (eculizumab/paroxysmal nocturnal haemoglobinuria). Identical reasoning to UPC_CFI_123/2024: the court found infringement could be established but denied the measure because the TBA's consistent rejection of SEQ ID NO:4 correction attempts created insufficient certainty of patent validity; value of dispute was EUR 100,000,000.

Accepted arguments
What the court agreed with — by party.
  • Sufficient certainty of patent validity is required before granting provisional measures, assessed in light of likely EPO outcome

    RespondentLegal basis: Art. 62(4) UPCA; R. 211.2 RoP

    Note: Same legal reasoning as UPC_CFI_123/2024: the Hamburg court declined the PI because TBA history created serious doubt about EP 3 167 888 B1's validity.

Rejected arguments
What the court did not agree with — and why.
  • Preliminary injunction against Amgen entities based on EP 3 167 888 B1

    ClaimantLegal basis: Art. 62(4) UPCA; R. 211.2 RoP

    Reason: Although infringement could be established, the court lacked sufficient certainty of patent validity given the TBA's consistent rejection of all attempts to correct SEQ ID NO:4 and claim sets directed to eculizumab across the EP 888 patent family.

Claim construction notes

Identical to UPC_CFI_123/2024: the court construed EP 3 167 888 claims but found it could not be sufficiently certain of validity given the TBA's repeated holdings that SEQ ID NO:4 includes the signal peptide sequence and its refusal to allow correction.