Guardant Health v Sophia Genetics (CoA, 18 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 18 February 2026 (UPC_CoA_19/2026), the Court of Appeal refused suspensive effect to Guardant Health’s appeal against the EUR 400,000 interim award of costs made against it by the Paris Local Division on 23 January 2026, after its application for provisional measures against Sophia Genetics, based among others on EP 3 443 066, had been rejected. The award therefore remains enforceable despite the appeal.

Question

Should an appeal against an interim award of costs made in provisional measures proceedings have suspensive effect under Art. 74(1) UPCA and Rule 223?

Decision

Suspensive effect is exceptional: it requires a manifestly erroneous order, enforcement that would render the appeal largely pointless, or infringement of a fundamental procedural right where a different outcome cannot be ruled out (paragraphs 12 to 14). Guardant showed no infringement, both parties having requested an interim award of EUR 600,000, and the absence of an express costs order makes no difference (paragraphs 15 and 17). No manifest error was shown: reasonableness and the final amount are for the costs proceedings, the general rule being an interim award of 50% of the applicable ceiling (paragraphs 16 and 18). Sophia’s request for a payment deadline was inadmissible, having no legal basis in these proceedings (paragraph 19).

Key points for practice

• An interim costs award in provisional proceedings is suspended only for manifest error or infringement of a fundamental procedural right (paragraphs 12 to 18).
• Practical point: challenges to the amount of an interim costs award belong in the main appeal and the costs proceedings, not in a request for suspensive effect (paragraphs 16 and 18).

Provisions applied

Agreement on a Unified Patent Court

Art. 62 and Art. 74(1)

Rules of Procedure

Rules 211.1(d), 220.1(c), 223.2 and 223.5

Case law cited

Meril v Edwards, Court of Appeal, 18 January 2024, ICPillar, Court of Appeal, 19 June 2024, Sibio v Abbott, Court of Appeal, 19 August 2024, Ocado v Third Party, Court of Appeal, 6 November 2023, Progress Maschinen & Automation, Court of Appeal, 2 May 2024, Belkin v Philips, Court of Appeal, 29 October 2024, Barco v Yealink, Court of Appeal, 28 November 2025, Meril v Edwards, Court of Appeal, 25 November 2025

Related decisions

• Guardant Health v Sophia Genetics, 2 July 2026, later Court of Appeal decision in the same appeal.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.