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UPC CoA 19/2026

Feb 9, 2026·EP3766986 +3 more · DETECTION AND TREATMENT OF DISEASE EXHIBITING DISEASE CELL HETEROGENEITY AND SYSTEMS AND METHODS FOR COMMUNICATING TEST RESULTS

Case details
Status
Case Closed
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Chemistry
    Biotechnology
  • Electrical engineering
    Computer technology
Language
English
First decided
Feb 18, 2026
Last decision
Jul 2, 2026
EPO Opposition
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Patricia RombachLocked
Judge Ingeborg SimonssonLocked
Judge Andreas GustafssonLocked
Judge Arwed BurrichterLocked

At the UPC: Guardant Health, Inc. (5 cases)·Sophia Genetics SA (5 cases)

Decisions
  • 2026-07-02
    Appeal RoP220.1Public

    Summary: The Court of Appeal rejected Guardant's appeal against the Paris Local Division's refusal of provisional measures, finding the appeal largely unsuccessful. The CoA partly set aside the CFI's order by increasing the interim costs award to EUR 300,000, declared Sophia's cross-appeal inadmissible, and ordered Guardant to bear the costs of both first-instance and appeal proceedings.

    Show the legal issues (5)
    • Claim interpretation and relevance of embodiments
    • Added matter (Article 138(1)(c) EPC)
    • Urgency (R. 211.4 RoP): multiple patents, no obligation to monitor market, turn-a-blind-eye doctrine
    • Cost allocation and equity (Article 69 UPCA): response to warning letter
    • Cross-appeal admissibility
  • 2026-02-18
    Application RoP 223Public

    Summary: The Court of Appeal (Panel 2: Kalden, Rombach, Simonsson) rejected Guardant Health's application for suspensive effect regarding the Paris Local Division's interim award of costs of EUR 400,000 ordered against Guardant following the rejection of its application for provisional measures concerning EP 3 443 066 (one of four patents originally asserted). The court found no manifest error in the CFI's interim costs award and dismissed the application. Sophia's request to set a payment deadline was also considered.

    Show the legal issues (4)
    • Suspensive effect of appeal against interim costs award (R. 223 RoP)
    • Admissibility of suspensive effect application for costs order (Art. 62 UPCA)
    • Manifest error standard for interim costs award
    • Interim award of costs in provisional measures proceedings
Document titleDatePublic
Case closed2026-07-02Not public
Decision2026-07-02Not public
Final Order2026-07-02Public
Communication2026-07-01Not public
Deliberation opened2026-06-22Not public
Oral procedure closed2026-05-19Not public
Hearing recording reference document2026-05-19Not public
Order2026-05-11Not public
Order2026-05-11Public
Receipt2026-05-11Not public