UPClytics
EnglishDeutsch
Sign inSign up
View all cases

UPC CFI 808/2025

Aug 29, 2025·EP3766986 +7 more: DETECTION AND TREATMENT OF DISEASE EXHIBITING DISEASE CELL HETEROGENEITY AND SYSTEMS AND METHODS FOR COMMUNICATING TEST RESULTS

Case details
Status
Oral Phase
Action
Provisional measures
Category
Provisional Measures
Parties
Claimants
Reps: Agathe Michel-De Cazotte (Carpmaels & Ransford); Cameron Marshall (Carpmaels & Ransford); Caroline Horstmann
Respondents
Reps: Liz Cohen (Bristows (Ireland) LLP); Naoise Gaffney (Bristows (Ireland) LLP); Rachael Cartwright (Bristows (Ireland) LLP)
Division
Paris LD
Judges
Technology
Biotechnology
Language
English
First decided
Oct 1, 2025
Last decision
Jan 23, 2026
Decisions
  • 2026-01-23
    PI deniedPreliminary injunctionApplication for provisional measures

    The Paris Local Division rejected Guardant Health's application for provisional measures under three patents (EP 3 591 073, EP 3 443 066, EP 3 766 986) against Sophia Genetics. The court found issues of added matter in the divisional patent and insufficient evidence to demonstrate infringement with the required degree of certainty. Guardant Health's request regarding a fourth patent (EP 3 470 533) was withdrawn during proceedings. Guardant Health ordered to pay Sophia Genetics EUR 400,000 as interim costs.

    Legal issues:Provisional measures (Rule 211 RoP)Unreasonable delay (Rule 211.4 RoP)Added matter in divisional patentSufficient degree of certainty for infringement (Rule 211.2 RoP)Burden of proof
  • 2025-10-01
    Application for provisional measures

    The Paris Local Division issued a scheduling order for the oral hearing in Guardant Health's preliminary injunction application against Sophia Genetics entities based on four patents (EP 3 766 986, EP 3 470 533, EP 3 443 066, EP 3 591 073) relating to genomic analysis, after defendants failed to appoint representatives within 15 days of service.

    Legal issues:Scheduling for preliminary injunction hearing (R. 209.1, 210.1 RoP)Default of defendant (failure to appoint representatives)
Documents
Document titleDatePublic
action.phaseChange.caseClose2026-05-21Not public
Receipt2026-03-02Not public
Cover sheet2026-03-02Not public
Document Claimant2026-03-02Not public
Document Claimant2026-03-02Not public
action.issueOrder.order2026-02-17Not public
Order2026-02-17Public
Receipt2026-02-12Not public
Cover sheet2026-02-12Not public
Application document Defendant2026-02-12Not public
Receipt2026-02-12Not public
Cover sheet2026-02-12Not public
Exhibit Respondent2026-02-12Not public
Exhibit Respondent2026-02-12Not public
Exhibit Respondent2026-02-12Not public
Exhibit Respondent2026-02-12Not public
Exhibit Respondent2026-02-12Not public
Application Respondent2026-02-12Not public
Application Respondent2026-02-12Not public
Receipt2026-02-05Not public
Cover sheet2026-02-05Not public
Other document Claimant2026-02-05Not public
Exhibit document Claimant2026-02-05Not public
action.communication.general2026-02-02Not public
Receipt2026-01-30Not public
Cover sheet2026-01-30Not public
Application document Defendant2026-01-30Not public
action.issueOrder.order2026-01-23Not public
Order2026-01-23Public
action.issueOrder.order2025-12-18Not public
Order2025-12-18Not public
Cover sheet2025-12-17Not public
Application document Claimant2025-12-17Not public
Receipt2025-12-17Not public
action.communication.general2025-12-16Not public
Cover sheet2025-12-16Not public
Application document Defendant2025-12-16Not public
Exhibit document Defendant2025-12-16Not public
Receipt2025-12-16Not public
action.phaseChange.oralPhaseOpen2025-12-11Not public
action.communication.general2025-12-11Not public
Cover sheet2025-12-10Not public
Other document Defendant2025-12-10Not public
Receipt2025-12-10Not public
action.communication.general2025-12-10Not public
Cover sheet2025-12-10Not public
Application document Claimant2025-12-10Not public
Receipt2025-12-10Not public
Cover sheet2025-12-09Not public
Other document Defendant2025-12-09Not public
Receipt2025-12-09Not public
Cover sheet2025-12-09Not public
Other document Claimant2025-12-09Not public
Receipt2025-12-09Not public
action.communication.general2025-12-03Not public
Other Documents2025-12-03Not public
action.communication.general2025-12-01Not public
Other Documents2025-12-01Not public
Cover sheet2025-11-24Not public
Exhibit document Defendant2025-11-24Not public
Exhibit document Defendant2025-11-24Not public
Exhibit document Defendant2025-11-24Not public
Exhibit document Defendant2025-11-24Not public
Exhibit document Defendant2025-11-24Not public
Exhibit document Defendant2025-11-24Not public
Exhibit document Defendant2025-11-24Not public
Statement of rejoinder2025-11-24Not public
Receipt2025-11-24Not public
Cover sheet2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Exhibit document Claimant2025-11-10Not public
Statement of reply2025-11-10Not public
Receipt2025-11-10Not public
action.communication.general2025-11-10Not public
action.communication.general2025-11-03Not public
Cover sheet2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Exhibit2025-10-27Not public
Statement of defence2025-10-27Not public
Receipt2025-10-27Not public
action.publishOrderDecision.order2025-10-01Not public
action.issueOrder.order2025-10-01Not public
Order2025-10-01Public
Service Receipt/Service Document2025-10-01Not public
action.communication.general2025-09-30Not public
Cover sheet2025-09-30Not public
Application2025-09-30Not public
Exhibit2025-09-30Not public
Exhibit2025-09-30Not public
Exhibit2025-09-30Not public
Receipt2025-09-30Not public
Notification Of Service2025-09-11Not public
acknowledgment of receipt sophia genetics srl2025-09-11Not public
Notification Of Service2025-09-11Not public
acknowledgment of receipt sophia genetics gmbh2025-09-11Not public
Notification Of Service2025-09-11Not public
acknowledgment of receipt2025-09-11Not public
Receipt2025-09-02Not public
Letter-for-Service2025-09-02Not public
Letter-for-Service2025-09-02Not public
Letter-for-Service2025-09-02Not public
Letter-for-Service2025-09-02Not public
Application for the allocation of a TQJ2025-09-02Not public
Notice-to-Accompany-Service-of-Order-for-Measures2025-09-02Not public
Notice-to-Accompany-Service-of-Order-for-Measures2025-09-02Not public
Notice-to-Accompany-Service-of-Order-for-Measures2025-09-02Not public
Notice-to-Accompany-Service-of-Order-for-Measures2025-09-02Not public
Panel-Appointment2025-09-02Not public
Application-For-Measures-Receipt2025-09-02Not public
Formal-checks_Notification-of-positive-outcome2025-09-02Not public
Exhibit GH332025-09-01Not public
Exhibit GH182025-09-01Not public
Exhibit GH82025-09-01Not public
Exhibit GH202025-09-01Not public
Exhibit GH292025-09-01Not public
Exhibit GH312025-09-01Not public
Exhibit GH32025-09-01Not public
Exhibit GH72025-09-01Not public
Exhibit GH4 - Proof of payment2025-09-01Not public
Exhibit GH392025-09-01Not public
Exhibit GH62025-09-01Not public
Exhibit GH372025-09-01Not public
Exhibit GH272025-09-01Not public
Exhibit GH352025-09-01Not public
Exhibit GH322025-09-01Not public
Exhibit GH52025-09-01Not public
Exhibit GH242025-09-01Not public
Exhibit GH152025-09-01Not public
Exhibit GH12025-09-01Not public
Exhibit GH172025-09-01Not public
Exhibit GH112025-09-01Not public
Exhibit GH212025-09-01Not public
Exhibit GH142025-09-01Not public
Exhibit GH22025-09-01Not public
Exhibit GH222025-09-01Not public
2025.08.29 - Letter to UPC Registry2025-09-01Not public
Exhibit GH72025-09-01Not public
Exhibit GH192025-09-01Not public
Exhibit GH132025-09-01Not public
Exhibit GH92025-09-01Not public
Exhibit GH302025-09-01Not public
Exhibit GH262025-09-01Not public
Exhibit GH252025-09-01Not public
2025.08.29 - Application for provisional measures2025-09-01Not public
Exhibit GH342025-09-01Not public
Exhibit GH232025-09-01Not public
Exhibit GH92025-09-01Not public
Exhibit GH102025-09-01Not public
Exhibit GH162025-09-01Not public
Exhibit GH62025-09-01Not public
Formal response to the request for amendments2025-09-01Not public
Exhibit GH362025-09-01Not public
Exhibit GH122025-09-01Not public
Exhibit GH282025-09-01Not public
Exhibit GH382025-09-01Not public
Acknowledgement-of-lodging2025-09-01Not public
Application to change the details of a representative2025-09-01Not public
Formal-checks_Request-for-correction2025-09-01Not public
Application-For-Measures-Acknowledgement2025-08-29Not public
Exhibit GH252025-08-29Not public
Exhibit GH222025-08-29Not public
Exhibit GH302025-08-29Not public
Exhibit GH12025-08-29Not public
Exhibit GH332025-08-29Not public
Exhibit GH212025-08-29Not public
Exhibit GH342025-08-29Not public
Exhibit GH392025-08-29Not public
2025.08.29 - Application for provisional measures2025-08-29Not public
Exhibit GH122025-08-29Not public
Exhibit GH142025-08-29Not public
Exhibit GH262025-08-29Not public
Exhibit GH22025-08-29Not public
Exhibit GH102025-08-29Not public
Exhibit GH72025-08-29Not public
Exhibit GH62025-08-29Not public
Exhibit GH202025-08-29Not public
Exhibit GH172025-08-29Not public
Exhibit GH52025-08-29Not public
Exhibit GH82025-08-29Not public
Exhibit GH232025-08-29Not public
Exhibit GH112025-08-29Not public
Exhibit GH192025-08-29Not public
Exhibit GH322025-08-29Not public
Exhibit GH4 - Proof of payment2025-08-29Not public
Exhibit GH152025-08-29Not public
Exhibit GH292025-08-29Not public
Exhibit GH372025-08-29Not public
Exhibit GH282025-08-29Not public
Exhibit GH32025-08-29Not public
Exhibit GH352025-08-29Not public
Exhibit GH132025-08-29Not public
Exhibit GH162025-08-29Not public
Exhibit GH362025-08-29Not public
Exhibit GH62025-08-29Not public
Exhibit GH72025-08-29Not public
Exhibit GH92025-08-29Not public
Exhibit GH242025-08-29Not public
Exhibit GH312025-08-29Not public
Exhibit GH382025-08-29Not public
Exhibit GH92025-08-29Not public
Exhibit GH182025-08-29Not public
Exhibit GH272025-08-29Not public
2025.08.29 - Letter to UPC Registry2025-08-29Not public
Plain-English summary

Guardant Health's application for provisional measures against Sophia Genetics entities covering four genomic analysis patents was rejected by the Paris Local Division. The court found EP 3 591 073 (divisional) likely invalid for added matter because the granted claim combined scattered features from the PCT application without clear basis, and found infringement of EP 3 766 986 unproven as reliance on a single press release was insufficient evidence; Guardant had previously withdrawn its request under EP 3 470 533. Guardant was ordered to pay EUR 400,000 in interim costs to Sophia Genetics.

Accepted arguments
What the court agreed with — by party.

  • Added matter in divisional patent EP 3 591 073: granted claim cannot be directly and unambiguously derived from the PCT application as filed

    RespondentLegal basis: Art. 76 EPC; headnote 2-3 of the order

    Note: Court found that selective combinations of scattered fragments from the PCT application without clear indication in the earlier application constitute added matter, making the patent likely invalid.

  • Infringement of EP 3 766 986 not sufficiently proven: reliance on a single press release is insufficient

    RespondentLegal basis: R. 211.2 RoP

    Note: Court held that the burden of proof for infringement lies with the applicant and that a press release alone does not demonstrate how the accused DDM software platform processes data.

Rejected arguments
What the court did not agree with — and why.

  • Three-month delay between learning of potential infringement and filing the PI application constitutes unreasonable delay

    RespondentLegal basis: R. 211.4 RoP

    Reason: Court found three months reasonable given the complexity of the technology and the need to gather evidence across several patents (headnote 1).

  • Indirect infringement under Art. 26 UPCA should be found for EP 3 766 986 even if direct infringement not established

    ClaimantLegal basis: Art. 25-26 UPCA; R. 211.2 RoP

    Reason: Court held that the same insufficient evidence problem applies equally to indirect infringement allegations; reliance on a press release does not satisfy the burden of proof for either direct or indirect infringement.

Key legal principles
Doctrines and rules cited in the reasoning.
Added matter test: all claim elements must be directly and unambiguously derivable from the application as filed; selective combination of scattered fragments without clear indication is impermissibleBurden of proof for infringement in PI proceedings rests on applicant (R. 211.2 RoP)A press release alone is insufficient evidence to demonstrate how accused software processes dataThree months is a reasonable delay for PI preparation in complex multi-patent proceedings (R. 211.4 RoP)Burden of proof for patent invalidity in PI proceedings rests on respondent

Browse other cases on this principle.

Claim construction notes

The court did not reach final claim construction for EP 3 766 986 because the infringement evidence was found insufficient. For EP 3 591 073, the court examined whether selected claim features were directly and unambiguously derivable from the PCT parent application, concluding they were not, making the divisional invalid for added matter.