UPC CFI 191/2025

At the UPC: Genevant Sciences GmbH (9 cases)·Moderna Group (20 cases)

• 2026-08-25
  InfringementPublic

  Summary: The Court allowed the withdrawal of both the infringement action (UPC_CFI_191/2025, Genevant/Arbutus v Moderna entities) and the counterclaim for revocation (UPC_CFI_617/2025) under R.265.1 RoP following a settlement between the parties, declared both proceedings closed, and ordered the registry to reimburse the claimants 25% of the court fees paid in each action, reduced from the standard 50% given the advanced stage of the written procedure and the volume of applications and orders in the case.

  Show the legal issues (3)

  • withdrawal of infringement action following settlement (R.265.1 RoP)
  • withdrawal of counterclaim for revocation (R.265.1 RoP)
  • reduced (25%) reimbursement of court fees under R.370.9 RoP
• 2025-05-23
  Preliminary objectionPublic

  Summary: Procedural order from The Hague Local Division dated 23 May 2025 ruling on a preliminary objection raised by Moderna defendants. The court dismissed Moderna's jurisdictional objections concerning Moderna Spain, Moderna Poland, and Moderna Norway, finding that the UPC has international jurisdiction under Art. 8(1) Brussels I Recast (commercial relationship within the same group) and that the LD The Hague has local competence under Art. 33(1)(b) UPCA because Moderna Netherlands B.V. is domiciled in the Netherlands. An opt-out validity issue was also addressed. The decision allows the infringement proceedings to proceed on the merits.

  Show the legal issues (4)

  • International jurisdiction under Art. 7(2) and 8(1) Brussels I Recast
  • Local competence of LD The Hague under Art. 33(1)(b) UPCA
  • Commercial relationship among group defendants
  • Validity of opt-out