UPC CFI 722/2025

At the UPC: Neurocrine Biosciences, Inc. (1 case)·Spruce Biosciences, Inc. (1 case)

• 2026-03-13
  Revocation ActionPublic

  Summary: The Milan Central Division ordered disposal of Neurocrine Biosciences' revocation action (R. 360 RoP) against EP 3 784 233 because the patent had been definitively and entirely revoked by the EPO Opposition Division, rendering the revocation action devoid of purpose. Neurocrine's conditional request (disposal only if Spruce undertook not to enforce divisional patents) was held outside R. 360 RoP. Spruce (claimant/respondent) was ordered to pay 80% of maximum recoverable costs (EUR 488,000) to Neurocrine; Neurocrine was reimbursed 60% of court fees (EUR 12,000).

  Show the legal issues (4)

  • Disposal of proceedings where patent revoked by EPO (R. 360 RoP)
  • No-need-to-adjudicate order
  • Costs allocation (Art. 69 UPCA)
  • Court fee reimbursement