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
- StatusCase ClosedActionAppealCategoryMain appeal
- Parties
- Claimants
- Guardant Health, Inc.Operating co.
Representatives- Agathe Michel-De Cazotte-Carpmaels & Ransford
Respondents- Sophia Genetics SAOperating co.
- Sophia Genetics SASOperating co.
- Sophia Genetics SRLOperating co.
- Sophia Genetics GmbHOperating co.
- Division
- Court of Appeal
- Technology
- ChemistryBiotechnology
- Electrical engineeringComputer technology
- Language
- English
- First decided
- Feb 18, 2026
- Last decision
- Jul 2, 2026
- EPO Opposition
- Foundation Medicine Inc.Withdrawn2020-08-06
- Grünecker Patent- und Rechtsanwälte PartG mbBAdmissible2022-09-01
- Margaret Dixon LimitedAdmissible2022-09-01
- Sophia Genetics S.A.2025-11-28
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Rian Kalden | Locked |
| Judge Patricia Rombach | Locked |
| Judge Ingeborg Simonsson | Locked |
| Judge Andreas Gustafsson | Locked |
| Judge Arwed Burrichter | Locked |
At the UPC: Guardant Health, Inc. (5 cases)·Sophia Genetics SA (5 cases)
This dispute contains 3 other proceedings
Start a free trial to see how each one ended.
More cases: Court of Appeal·2026
- 2026-07-02Appeal 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
- 2026-02-18Application 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 title | Date | Public |
|---|---|---|
| Case closed | 2026-07-02 | Not public |
| Decision | 2026-07-02 | Not public |
| Final Order | 2026-07-02 | Public |
| Communication | 2026-07-01 | Not public |
| Deliberation opened | 2026-06-22 | Not public |
| Oral procedure closed | 2026-05-19 | Not public |
| Hearing recording reference document | 2026-05-19 | Not public |
| Order | 2026-05-11 | Not public |
| Order | 2026-05-11 | Public |
| Receipt | 2026-05-11 | Not public |