Alexion Pharmaceuticals, Inc. v.Amgen N.V. a.o.
Hamburg (DE) Local Division · UPC-001423
This case concerns an application for preliminary measures filed by Alexion Pharmaceuticals, Inc., the proprietor of European Patent EP 3 167 888 B1, against multiple Amgen entities. The parties are competitors in pharmaceutical research, development, manufacture, and supply. The patent in suit is a divisional application ultimately derived from international patent application WO 2007/106585, with the Technical Board of Appeal of the EPO having decided on 21 September 2023 that its subject-matter was patentable. The court addressed the degree of certainty required regarding the validity of the patent in suit when deciding on provisional measures, including the likelihood that the EPO opposition division would revoke the patent.