- with readers working within the Pharmaceuticals & BioTech industries
1. Key takeaway
Appropriate length of objection is related to length of application for provisional measures.
The application filed had a length of 30 pages. Even though two intellectual property titles (a patent and its corressponding supplementary protection certificate) are at issue, the 470-page objection filed by the respondent was held to be inappropriate in the context of provisional measures proceedings, particularly given the timeline (response to objection 10 days after the objection, rejoinder to the response to the objection 8 days after the response and oral hearing 7 days after the rejoinder).
As a consequence, the respondent was ordered to file a 70-page summary within 2 days.
2. Division
Paris local division
3. UPC number
UPC_CFI_697/2025
4. Type of proceedings
Proceedings for provisional and protective measures
5. Parties
Merz Therapeutics GmbH, Merz Pharmaceuticals LLC, Merz Pharma France (all Applicants)
Viatris Santé (Respondent)
6. Patent(s)
EP 2 377 536
7. Body of legislation / Rules
Rule 206 RoP, Rule 331.1 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
