Medac v Sanofi Mature IP (CFI, 19 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 March 2025 (UPC_CFI_146/2024), the Munich Local Division, in Sanofi’s action against STADA for infringement of EP 2 493 466, allowed Medac, a third party, to withdraw its application for access to the file and removed from the file Sanofi’s confidential letter which Medac had lodged. It charged Medac with the cost of removal and issued a warning to its representative.

Question

What follows where a third party applying for access to the file lodges the opposing party’s confidential correspondence without seeking protection?

Decision

Withdrawal of the Rule 262.1(b) RoP application was allowed and Exhibit 2 withdrawn from the proceedings under Rule 262A.1 RoP, Medac and STADA may not use or disclose it, on pain of a penalty to be fixed in the event of breach (paragraphs 1 and 2). Since the case management system does not allow an exhibit to be deleted without a chargeable intervention by the provider, that unnecessary cost was charged to Medac (Article 69(3) UPCA), subject to a prior deposit of EUR 600 (paragraph 3).

An application for access to the file, or its withdrawal, does not warrant a cost decision (paragraph 4). The panel found that Medac’s representative knew the letter to be confidential and breached the Code of Conduct by lodging it unredacted without an application under Rules 262.2 or 262A RoP, exclusion under Rule 291.1 RoP being pointless, it issued a warning (paragraph 5). Leave to appeal was granted.

Key points for practice

• Practical point: lodging an opponent’s confidential correspondence without seeking protection exposes the representative to a disciplinary warning and the party to the cost of removing the exhibit.

Provisions applied

Agreement on a Unified Patent Court

Arts 69(3) and 73(2)(b)

Rules of Procedure

Rules 220.2, 262.1(b), 262.2, 262A.1, 290.2, 291.1 and 354.3

Code of Conduct for Representatives

Art. 2.1

Case law cited

Paris Central Division, 8 January 2025 (UPC_CFI_189/2024)

Related decisions

• Sanofi v Accord, STADA, Reddy and Zentiva, 8 May 2025, procedural order in the joined actions.

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.