UPC CoA 19/2026

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

• 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