UPC CFI 1408/2026

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Case details: Status
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Action
Other
Category
Other Procedural
Parties: Claimants
CureVac Manufacturing GmbH
Reps: Judith Krens
Respondents
Moderna, Inc.
Moderna Netherlands B.V.
Moderna Switzerland GmbH
Moderna Biotech Spain SL
ModernaTX, Inc.
Moderna Poland Sp. z o.o.
Moderna Biotech UK Ltd
SAS Moderna France
Moderna Germany GmbH
Moderna Italy S.R.L.
Reps: Rutger Kleemans
Division: The Hague LD
Judges: Margot Kokke
Language: —
First decided: Jul 1, 2026

Decisions

2026-07-01
EvidenceOther
The Hague Local Division dismissed CureVac's application under R. 190 RoP for an order that Moderna produce evidence of its confidential manufacturing process, holding the application admissible but failing the necessity and proportionality conditions at this stage because Moderna has not yet responded to the infringement allegation and it is therefore unclear which facts will be disputed; the assessment may differ later in the proceedings. On the parties' joint R. 9.3 application the Court confirmed a uniform deemed service date, with preliminary objections due 1 July 2026 and statements of defence due 1 September 2026 for all defendants.
Legal issues:order to produce evidence under Art. 59(1) UPCA and R. 190 RoPcumulative conditions of plausible evidence, specification, protection of confidential information, necessity and proportionalitytiming of a R. 190 application relative to the stage of the written procedurealignment of deemed service dates and deadlines for multiple defendants under R. 9.3 RoP

Documents