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Merz Pharma France v Viatris Santé (CFI, 30 July 2026)

Date30 July 2026
CourtCFI
DivisionParis (FR) Local Division
Type of actionInfringement Action
Case number(s)UPC_CFI_1901/2026
Registry referenceUPC-CFI-0001901/2026
PartiesMerz Pharma France, Merz Therapeutics GmbH, Merz Pharmaceuticals LLC v. Viatris Santé

Official decision (PDF) · UPC registry entry

Case timeline

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 30 July 2026, the Paris Local Division dismissed Viatris Santé’s preliminary objection in the infringement action brought by three Merz companies on the basis of French supplementary protection certificate No. 13C0033, derived from EP 2 377 536. Viatris had asked the UPC to decline jurisdiction in favour of the Paris Judicial Court or, failing that, to stay the proceedings. The order is a useful guide to how the UPC deals with a national court seised first of a revocation and non-infringement action concerning the same right.

Question

Must the UPC decline jurisdiction or stay its proceedings, on grounds of lis pendens or related actions (Articles 29 and 30 of Regulation 1215/2012) or under Rule 295, where the defendant has previously brought an action for revocation of the SPC and a declaration of non-infringement before the Paris Judicial Court?

Decision

The objection was filed in time and was admissible. The Paris Judicial Court, seised on 16 April 2026, was seised before the UPC merits action of 28 May 2026, the separate and now closed provisional measures proceedings did not fix the date of seisure. Article 29 nevertheless did not apply, since the actions lacked the same subject matter and cause of action: infringement on one side, revocation, non-infringement and a compulsory licence on the other. The actions were related, but Article 30 is discretionary: the UPC expected to rule before the national court (oral hearing by May 2027 at the latest), Viatris had itself chosen the national forum and withdrawn its validity challenge before the Court of Appeal, and a stay would unduly delay the proceedings. A stay under Rule 295(b) and (m) was refused for the same reasons. Costs were reserved for the main proceedings.

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Arts 31, 32(1)(a), 60(8), 62(5), 63(1) and 83
Rules of Procedure
Rules 19.1(a), 20.1, 21.1, 220.2 and 295(b) and (m)
Regulation (EU) No 1215/2012
Arts 29, 30, 31(2) and 32
Other provisions
French Intellectual Property Code, Art. L. 615-9
Case law cited
Merz Pharmaceuticals v Viatris Santé, Court of Appeal, 27 April 2026, Mala v Nokia, Court of Appeal, 17 September 2024, Aylo v Dish, Court of Appeal, 3 September 2024, CJEU, 12 March 2026, Winderwill, C-516/24

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.


Going further

Lexicon: Patent infringement action, Supplementary protection certificate (SPC), Biosimilar medicinal product, Launch at risk.

Dhenne Avocats blog: Pharmaceutical patents and the UPC: is the Court hostile to them?.

Publications by Matthieu Dhenne: Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction, The Launch Letter: How Generics and Biosimilars Should Write to Avoid UPC Urgency (Kluwer Patent Blog).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

  • UPC_CFI_1901/2026 official number

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Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

  1. 30 July 2026 Merz Pharma France v Viatris Santé (CFI, 30 July 2026) Infringement Action · UPC_CFI_1901/2026
  2. 15 October 2026 Merz Pharma France v Viatris Santé (CFI, 15 October 2026) Infringement Action · UPC_CFI_1901/2026

    La division locale de Paris renvoie la demande reconventionnelle en nullité de Viatris à la division centrale de Paris, qui statuera aussi sur le sursis, et poursuit l’action en contrefaçon de Merz.

What the record states

Nature of the act
Infringement Action
Outcome (Dhenne Avocats summary)
La division locale de Paris rejette l'exception préliminaire de Viatris : pas de litispendance faute d'identité d'objet, et la connexité avec l'action en nullité pendante devant le tribunal judiciaire de Paris ne justifie ni dessaisissement ni sursis.
Appeal
No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance
First-instance decision, whether it has become final is not recorded.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 2 377 536
Methods of Using Sustained Release Aminopyridine Compositions
recorded proprietor: Acorda Therapeutics Inc
Mentioned in the analysis (role not qualified)
Also mentioned in 6 other decision(s): Merz Pharmaceuticals v Viatris Santé (CoA, 27 April 2026) · Gowling WLG v Merz Therapeutics (CFI, 19 February 2026) · Merz Pharmaceuticals v Viatris Santé (CoA, 26 January 2026) · Viatris Santé v Merz Pharmaceuticals (CoA, 19 December 2025) · Merz Therapeutics v Viatris Santé (CFI, 17 September 2025) · Merz Pharma France v Viatris Santé (CFI, 15 October 2026)
not recordednot recordednot recordedEspacenet · European Patent Register
existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically)
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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