UPClytics
English
Sign inSign up
Overview · Filed: Apr 9, 2024

UPC_CFI_165/2024

PROCESS FOR CONCENTRATION OF ANTIBODIES AND THERAPEUTIC PRODUCTS THEREOF

Provisional measuresProvisional MeasuresDusseldorf LDProvisional measuresCase Closed
OverviewDecisionsReasoningCitationsDocumentsTimeline
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Novartis AG and Genentech, Inc. applied for provisional measures at the Düsseldorf Local Division against Celltrion Healthcare entities regarding EP 3 805 248 B1 (antibody concentration process related to the biosimilar Epysqli). The court rejected the application, finding the requirements for provisional measures not satisfied and awarding EUR 138,562.80 in interim costs to the defendants, while establishing important headnotes on the autonomous interpretation of UPCA, imminent infringement, group company liability, and parties' obligations to present focused technical arguments.

Accepted arguments
What the court agreed with — by party.

  • Court must be convinced of patent validity with sufficient certainty before granting provisional measures, including likelihood of EPO outcome

    RespondentLegal basis: Art. 62(4) UPCA; R. 211.2 RoP

    Note: The Düsseldorf court denied provisional measures partly because the requirements for technical arguments to be focused, precise, and comprehensible were not met by the applicants.

  • Art. 25 UPCA constitutes uniform substantive law interpreted independently, not by reference to national patent laws

    argumentParty.court (headnote)Legal basis: Art. 25 UPCA

    Note: Court articulated that UPCA substantive and procedural law takes precedence over national patent laws and must be interpreted autonomously.

  • R. 295 RoP (stay of proceedings) does not apply to applications for provisional measures

    RespondentLegal basis: R. 295 RoP

    Note: Court confirmed that R. 295 refers to main actions only, not to provisional measure applications.

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

  • Provisional measures application for preliminary injunction against Celltrion entities regarding EP 3 805 248 B1

    ClaimantLegal basis: Art. 62 UPCA; R. 211 RoP

    Reason: Requirements for provisional measures were not met; the application was rejected in its entirety and Novartis/Genentech were ordered to pay EUR 138,562.80 in interim costs.

Key legal principles
Doctrines and rules cited in the reasoning.
Art. 25 and Art. 62 UPCA constitute uniform autonomous law superseding national patent lawImminent infringement requires preparations fully completed and infringement being only a matter of startingGroup company members playing key distribution roles can be infringers even if located outside Contracting Member StatesR. 295 RoP stay of proceedings does not apply to provisional measuresParties must present technical arguments in a focused, precise, and comprehensible form — especially in PI proceedingsClaim interpretation is mandatory for both court and parties

Browse other cases on this principle.