Biotech — European UPC Patent Cases
5 decisions indexed
Page 1 of 1 · 5 total
Oxford Nanopore Technologies PLC v.MGI TECH GmbH, MGI TECH CO., LIMITED, BGI HANGZHOU CYCLONESEQ TECHNOLOGY CO., LTD, SHENZHEN BGI GENOMICS CO., LTD
Oxford Nanopore Technologies PLC filed an application for provisional measures against MGI entities alleging infringement of four European patents relating to 'Cyclone Devices'. After the judge-rapporteur set a deadline of 24 July 2026 for MGI to file its objection, Respondent 1 (MGI TECH GmbH) sought an extension of that deadline. The judge-rapporteur rejected the extension request, finding that more than two weeks from service was sufficient given the respondents' prior awareness of the patents from parallel Australian proceedings and Oxford's withdrawal of two of the four patents.
Illumina, Inc. v.Element Biosciences, Inc, Element Biosciences Netherlands B.V., I.L.C. - Instrumentos de Laboratório e Científicos LDA
This is a procedural order from the Lisbon Local Division of the Court of First Instance of the Unified Patent Court in an infringement action filed by Illumina, Inc. against Element Biosciences, Inc., Element Biosciences Netherlands B.V., and I.L.C. - Instrumentos de Laboratório e Científicos LDA concerning European Patent No. EP3714978. The defendants filed a counterclaim for revocation. The court ordered that the infringement action and counterclaim be heard together, scheduled an interim conference for 16 October 2026, and set the oral hearing for 17 December 2026.
Guardant Health, Inc. v.Sophia Genetics SA, Sophia Genetics SAS, Sophia Genetics SRL, Sophia Genetics GmbH
Guardant Health, proprietor of European Patent 3 443 066 (EP'066) relating to methods for detecting cancer via cfDNA sequencing, sought provisional measures against the Sophia Genetics companies for offering the MSK-ACCESS® powered with SOPHIA DDM™ test. The Paris Local Division rejected the application, finding EP'066 likely invalid for added matter and ordering Guardant to pay EUR 400,000 in interim costs. On appeal, the Court of Appeal largely upheld the rejection but reduced the interim costs award to EUR 300,000, declared Sophia's cross-appeal inadmissible, and ordered Guardant to bear the costs of the proceedings.
Promosome LLC v.BioNTech SE, BioNTech Manufacturing GmbH, BioNTech Manufacturing Marburg GmbH, BioNTech Innovative Manufacturing Services GmbH, BioNTech Europe GmbH, Pfizer Manufacturing Belgium NV, Pfizer SAS, Pfizer AB, Pfizer, Inc.
Promosome LLC brought an infringement action before the Local Division Munich against BioNTech and Pfizer entities concerning European patent EP 2 401 365, directed at mRNA technology used in the Comirnaty COVID-19 vaccine. The Defendants filed counterclaims for revocation against Promosome and the patent proprietor, The Scripps Research Institute. The Court revoked the patent in its entirety for Germany, France, and Sweden, dismissed the application to amend the patent, and dismissed the infringement action, with costs borne by the unsuccessful parties.
Gilead Sciences, Inc. v.Academy of Military Medical Sciences
This is a cost decision by the Milan Central Division of the Unified Patent Court following Gilead's success in revocation proceedings (UPC_CFI_552/25) concerning EP3854403. Gilead sought EUR 800,000 in recoverable legal costs from AMMS, which AMMS did not dispute in amount but requested be stayed pending appeal or paid in instalments. The Court ordered AMMS to pay the full amount within four weeks, rejecting both the stay request and the instalment request, and also rejecting Gilead's late-filed request for interest.
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