UPC CFI 1901/2026

At the UPC: Merz Pharma France (6 cases)·Viatris Santé (6 cases)

• 2026-10-15
  InfringementPublic

  Summary: Paris Local Division full panel, on Viatris' request, refers the counterclaim for revocation of the SPC/EP2377536 (UPC_CFI_3259/2026) to the Paris Central Division, which is to deal with the stay question, and lets the infringement action continue before the Local Division. No ruling on infringement or validity.

  Show the legal issues (4)

  • Bifurcation of counterclaim for revocation, Art. 33(3)(b) UPCA and R. 37.2 RoP
  • Referral of SPC validity counterclaim to Paris Central Division
  • Stay pending French court proceedings (Brussels I recast Art. 29-30)
  • Referral to the panel, R. 102 RoP
• 2026-07-30
  InfringementPublic

  Summary: The Paris Local Division rejected in its entirety the preliminary objection raised by Viatris Santé under R. 19.1(a) RoP, which sought a declination of jurisdiction in favour of the Tribunal Judiciaire de Paris on lis pendens grounds and, in the alternative, a stay. The request for a stay under R. 295 RoP was also rejected and costs were reserved to the main proceedings. The Court reasoned that the UPC decision is likely to be handed down before that of the national court and that a stay would unduly delay proceedings.

  Show the legal issues (5)

  • preliminary objection on jurisdiction (R. 19.1(a) RoP)
  • lis pendens under Art. 29 Brussels I recast
  • related actions under Art. 30 Brussels I recast
  • stay of proceedings (R. 295(b), (l) and (m) RoP)
  • French SPC based on a European patent