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UPC CoA 49/2026

Mar 31, 2026·EP3766986 +3 more: DETECTION AND TREATMENT OF DISEASE EXHIBITING DISEASE CELL HETEROGENEITY AND SYSTEMS AND METHODS FOR COMMUNICATING TEST RESULTS

Case details
Status
Written Phase
Action
Appeal
Category
Main Appeal
Parties
Claimants
Reps: Agathe Michel-De Cazotte (Carpmaels & Ransford)
Respondents
Reps: Liz Cohen (Bristows (Ireland) LLP)
Division
Court of Appeal
Judges
Technology
Biotechnology
Language
English
First decided
Apr 17, 2026
Decisions
  • 2026-04-17
    Procedural onlyCostsApplication to leave to appeal a cost decision (RoP221)

    The Court of Appeal granted Guardant Health's application for leave to appeal the cost decision issued by the Paris Local Division on 16 March 2026, finding that the cost order was premature because it was issued before Guardant had access to the unredacted cost application and could comment on it. The request to join the cost appeal with the pending provisional measures appeal (UPC_CoA_19/2026) was rejected, as cost appeals follow a separate procedure under R.221.5 RoP to be decided by the standing judge alone.

    Legal issues:leave to appeal cost decision under R.221.3 RoPpremature cost order issued before party had access to unredacted cost applicationright to be heard under Art.76(2) UPCAjoinder of cost appeal with pending PI appealapplicability of R.221.5 RoP requiring standing judge to decide cost appeal
Documents
Document titleDatePublic
Receipt2026-06-02Not public
Cover sheet2026-06-02Not public
Other document Appellant2026-06-02Not public
Other document Appellant2026-06-02Not public
action.issueOrder.order2026-05-26Not public
Order2026-05-26Public
Receipt2026-05-14Not public
Cover sheet2026-05-14Not public
Statement of Response2026-05-14Not public
Receipt2026-05-01Not public
Cover sheet2026-05-01Not public
Other document Appellant2026-05-01Not public
Statement of the Grounds of Appeal2026-05-01Not public
action.issueOrder.order2026-04-17Not public
Order2026-04-17Public
Receipt2026-04-10Not public
Cover sheet2026-04-10Not public
Submission Respondent2026-04-10Not public
action.issueOrder.order2026-04-03Not public
Order2026-04-03Public
action.publishOrderDecision.case2026-04-01Not public
Receipt2026-03-31Not public
Cover sheet2026-03-31Not public
Fee2026-03-31Not public
Proof of payment2026-03-31Not public
Statement of Appeal2026-03-31Not public
Accepted arguments
What the court agreed with — by party.

  • The cost decision was prematurely issued because it was made at the same time as the confidentiality order, before Guardant had access to the unredacted cost application and Exhibit SG106 and before Guardant could comment on them

    ClaimantLegal basis: Art.76(2) UPCA
Rejected arguments
What the court did not agree with — and why.

  • Request to join the cost appeal proceedings with the pending provisional measures appeal UPC_CoA_19/2026

    ClaimantLegal basis: R.221.5 RoP; R.150 et seq. RoP