Viatris Santé v Merz Pharmaceuticals (CoA, 19 December 2025)
| Date | 19 December 2025 |
|---|---|
| Court | CoA |
| Division | Luxembourg (LU) |
| Type of action | Appeal RoP220.2 |
| Case number(s) | UPC_CoA_906/2025 |
| Registry reference | UPC-COA-0000906/2025 |
| Parties | Viatris Santé v. Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
The Court of Appeal disposes, under Rule 360 RoP, of the procedural appeal brought by Viatris Santé against the order of the Paris Local Division of 29 October 2025 (UPC_CFI_697/2025), which had disregarded late-filed exhibits in provisional measures proceedings brought by Merz on French SPC No. 13C0033 (based on EP 2 377 536). Since the application for provisional measures was rejected on 21 November 2025, the exclusion of the exhibits no longer harms Viatris. Its practical value lies in the reminder that a party may ask for wrongly rejected exhibits to be admitted in the opponent’s appeal, without a separate appeal (Rule 222.2 RoP).
Question
Does a procedural appeal against the exclusion of exhibits retain any purpose once the application for provisional measures has been rejected in the appellant’s favour?
Decision
Rule 360 RoP also applies on appeal: an appellant without any remaining legal interest is not entitled to a decision, and this holds for procedural appeals (paragraphs 9 and 10). The rejection of Merz’s application means that the exclusion of the exhibits no longer prejudices Viatris, so the appeal under Rule 220.2 RoP is devoid of purpose. Viatris may request the admission of the exhibits in Merz’s appeal (UPC_CoA_917/2025), the Court not being bound by the exclusion ordered at first instance (paragraph 11). No costs decision is made, as the order does not conclude the action (paragraph 12).
Key points for practice
- A party whose exhibits were disregarded but which succeeded at first instance can rely on them in the opponent’s appeal, without a separate appeal, under Rule 222.2 RoP (paragraph 11).
- Disposing of a moot appeal by order under Rule 360 RoP does not entail a costs decision where it does not end the action (paragraph 12).
Provisions applied
- Rules of Procedure
- Rules 220.2, 222.2, 333, 353 and 360
- Case law cited
- EOFlow v Insulet, Court of Appeal, 9 January 2025, UPC_CoA_584/2024, Mammut v Ortovox, Court of Appeal, 25 September 2024, ICPillar v SVF Holdco, Court of Appeal, 16 September 2024.
Related decisions
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: UPC Court of Appeal, Supplementary protection certificate (SPC), Biosimilar medicinal product, Launch at risk.
Dhenne Avocats blog: UPC Appeals: What the Numbers Show, Pharmaceutical patents and the UPC: is the Court hostile to them?.
Publications by Matthieu Dhenne: 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
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_CoA_906/2025official number
UPC_CFI_697/2025Parties
- defendantMerz Pharma France7 decisions in the corpusFollow this party
- defendantMerz Therapeutics GmbH7 decisions in the corpusFollow this party
- defendantMerz Pharmaceuticals LLC8 decisions in the corpusFollow this party
- claimantViatris Santé7 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
- 21 November 2025 Merz therapeuthics v Viatris Santé (CFI, 21 November 2025) Application for provisional measures · UPC_CFI_697/2025
- 19 December 2025 Viatris Santé v Merz Pharmaceuticals (CoA, 19 December 2025) Appeal RoP220.2 · UPC_CoA_906/2025 · appeal, first-instance number cited in the decision
What the record states
- Nature of the act
- Appeal RoP220.2
- Outcome (Dhenne Avocats summary)
- L’appel de procédure contre l’exclusion de pièces devient sans objet après le rejet de la demande de mesures provisoires. La cour le clôt sans statuer sur les frais.
- Appeal
- Decision of the Court of Appeal (first instance cited: UPC_CFI_697/2025).
- Instance
- Court of Appeal decision.
Patents mentioned
EP 2 377 536mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Merz Pharmaceuticals v Viatris Santé (CoA, 27 April 2026) cited in this record
- Merz therapeuthics v Viatris Santé (CFI, 21 November 2025) cited in this record
- Mammut Sports Group v Ortovox Sportartikel (CoA, ORD_44387/2024, 25 September 2024) cited in this record
- ICPillar v ARM (CoA, 16 September 2024) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 377 536Methods 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 Pharma France v Viatris Santé (CFI, 30 July 2026) · 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) · Merz Therapeutics v Viatris Santé (CFI, 17 September 2025) · Merz Pharma France v Viatris Santé (CFI, 15 October 2026) | not recorded | not recorded | not recorded | Espacenet · 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 |
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