UPC CFI 697/2025

At the UPC: Merz Pharmaceuticals LLC (7 cases)·Viatris Santé (6 cases)

• 2025-11-21
  Application for provisional measuresPublic

  Summary: The Paris Local Division (full panel) rejected Merz's application for provisional measures against Viatris concerning French SPC 033 (based on EP 2 377 536) and the generic product 'FAMPRIDINE VIATRIS LP 10 mg', holding that Merz failed to seek provisional measures within the reasonable time required by R.211.4 RoP: Merz was, or should have been, aware of the imminent infringement well before it filed on 31 July 2025 (at the latest from 2 January 2025, when it recovered direct exploitation rights to FAMPYRA, itself five months before it sent a warning letter, and six months before it applied to the Court after Viatris confirmed the French launch). The Court did not reach the merits of infringement or SPC validity, and ordered Merz to pay Viatris EUR 56,000 in interim costs.

  Show the legal issues (4)

  • Unreasonable delay in seeking provisional measures (R.211.4 RoP)
  • Starting point for calculating diligence when the alleged infringer is a generic manufacturer (imminent infringement under Art. 62.1 UPCA / R.211.2 RoP vs. actual market launch)
  • Whether a Court of Appeal decision interpreting R.211.4 RoP (Boehringer v Zentiva, 13 Aug 2025) creates a new legal situation that cannot be invoked against a party for legal-certainty reasons
  • Interim award of costs on rejection of a provisional-measures application (R.211.1(d) RoP)