UPC CFI 407/2025

At the UPC: Roche Group (29 cases)·Organon & Co (2 cases)

• 2025-11-12
  Application for an Order for inspection pursuant to RoP199Public

  Summary: Review order by the Brussels Local Division following an ex parte order for preservation of evidence/inspection pursuant to Rule 197.3 RoP in Genentech/Roche v Organon proceedings. The court confirmed the inspection orders with modifications, set a deadline for expert reports, and set a 31-day (or 20 working day) term for initiating infringement proceedings after receipt of the experts' report.

  Show the legal issues (5)

  • Review of preservation of evidence order (Rule 197.3 RoP)
  • Ex parte order review
  • Scope of review
  • Duty of disclosure in ex parte proceedings (Rule 192.3 RoP)
  • Term for initiating infringement proceedings (Rule 198.1 RoP)
• 2025-05-30
  Application for preserving evidence pursuant to RoP192Public

  Summary: The Brussels Local Division granted Genentech / Roche's ex parte applications for an order to preserve evidence (R. 192–198 RoP) and an order for inspection (R. 199 RoP) against Organon and Shanghai Henlius Biotech concerning EP 3 401 335 B1 (biological pharmaceutical patent). The orders were granted after an oral hearing on 23 May 2025. The order to preserve evidence required production of digital information; Organon NV and Organon Heist BV face a penalty of EUR 200,000 per hour for failure to cooperate. Costs are stayed pending the main proceedings.

  Show the legal issues (4)

  • Order to preserve evidence (R. 192–198 RoP)
  • Order for inspection (R. 199 RoP)
  • Penalty for non-compliance
  • Ex parte proceedings