UPC CFI 620/2025

At the UPC: GlaxoSmithKline Biologicals SA (20 cases)·Pfizer Group (31 cases)

• 2026-08-21
  InfringementPublic

  Summary: The Hague Local Division case-management order ahead of the oral hearing of 3 September 2026, issued in UPC_CFI_620/2025, UPC_CFI_1509/2025 and UPC_CFI_1511/2025. The Court admitted exhibits PBNT C73 (with GSK's response), PBNT C84 (the Cayman 2024 Report) and GSK's Annex I (the 2021 BioNTech website), ordered PBNT to file a consolidated exhibit overview and a new response on its attacks against the auxiliary requests, and recorded that PBNT relies on five invalidity attacks and GSK on ten auxiliary requests. GSK's R.36 RoP application for a further written exchange was inadmissible as filed after closure of the written procedure. No substantive ruling. [operative 'ORDER', page 6]

  Show the legal issues (4)

  • admission of late-filed exhibits under R.9.1 RoP
  • R.36 RoP application inadmissible after closure of the written procedure
  • amendment of the relief sought requires leave under R.263 RoP
  • focusing invalidity attacks and auxiliary requests before the oral hearing
• 2026-06-17
  Infringement ActionPublic

  Summary: The judge-rapporteur of The Hague Local Division issued a case management order following an interim conference held on 17 June 2026. The order sets out procedural steps to focus the case for a one-day oral hearing scheduled for 1 September 2026, including requirements for parties to submit updated overviews, for PBNT (Pfizer and BioNTech) to identify its most promising validity attacks, for GSK to submit a list of auxiliary requests, and for the exclusion of certain late-filed exhibits and submissions from the proceedings.

  Show the legal issues (8)

  • Case management ahead of oral hearing on validity and infringement
  • Admissibility of late-filed exhibits and submissions
  • Focusing validity attacks for oral hearing
  • Auxiliary requests procedure
  • Exclusion of cryo-TEM image exhibits (BB156A-B) and related declaration paragraphs
  • Exclusion of fourteen new prior art documents (PBNT C72-83)
  • Inadmissibility of R.36/R.9 application filed 8 June 2026
  • Maximum recoverable costs cap of EUR 2,000,000
• 2026-02-25
  Infringement ActionPublic

  Summary: The Hague Local Division issued a procedural order under Rule 9 RoP in GSK's infringement action against Pfizer/BioNTech entities concerning vaccine-related patents, addressing admissibility of submissions in GSK's Reply.

  Show the legal issues (3)

  • Late-filed submissions Rule 9 RoP
  • Cryo-TEM images admissibility
  • Expert opinion admissibility