Executive Summary
In this significant pharmaceutical dispute, Genentech and F. Hoffmann-La Roche AG sought urgent procedural measures against Organon and Shanghai Henlius Biotech Inc. The UPC Local Division granted both an order to preserve evidence and an order for inspection concerning the patent EP 3 401 335 B1, which covers the cancer medicine Perjeta®. This decision is a critical step in securing necessary data for the ongoing litigation regarding biosimilar launch (HLX11).
What the Court Held — Ratio Decidendi
The Local Division issued procedural orders granting an order to preserve evidence (R. 192-198 RoP) and an order for inspection (R. 199 RoP). These measures are crucial preliminary steps in complex pharmaceutical patent disputes, ensuring that relevant information is secured before the main infringement or validity arguments proceed.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Brussels (BE) Local Division. Understanding the court's reasoning in Genentech Inc. vs F. Hoffmann – La Roche AG, Organon & Co., Organon Heist B.V., NV Organon, Shanghai Henlius Biotech Inc is valuable context for structuring arguments or assessing risk in similar proceedings.
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