Genevant Sciences v Moderna (CFI, 13 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 13 August 2025 (UPC_CFI_191/2025, App_34218/2025 and App_34202/2025), the judge rapporteur of The Hague Local Division partly granted the applications by Genevant Sciences and Arbutus Biopharma for an extension of time in their action for infringement of EP 2 279 254 against fifteen Moderna group companies, which have counterclaimed for revocation. The time limit for the Reply and the Defence to the counterclaim was extended to 24 September 2025, rather than 4 October as requested. The order fixes the starting point of the period where access to confidential material was delayed.

Question

Does delayed access to the defendant’s confidential pleadings justify extending the time limit for the Reply and, if so, from what date?

Decision

The power to extend a time limit under Rule 9.3(a) RoP is construed narrowly: an extension requires exceptional circumstances and is limited to the additional time needed, after weighing the right to a fair hearing against the efficiency of the proceedings (paragraphs 18 and 19). The judge took as the starting point of the two-month period the upload of the confidentiality club agreement on 24 July 2025. He refused to go further: the defendants’ own request for an extension of their defence had largely been refused, the corrected counterclaim was served on 15 July, the claimants had the redacted versions, the confidential part was minor, their representatives had access from 17 and 18 July and the interim conferences in February and May 2026 would have been affected (paragraph 21).

Key points for practice

• Practical point: where access to confidential material is delayed, the period for the Reply may be recalculated from the date on which the confidentiality club is actually in place, but seldom beyond that.

Provisions applied

Rules of Procedure

Rules 9.3(a), 29(a), 262A and 333

Case law cited

Roche Diabetes Care, Paris Central Division, 20 February 2024 (UPC_CFI_454/2023), Munich Local Division, 9 April 2024 (UPC_CFI_501/2023), Düsseldorf Local Division, 20 April 2024 (UPC_CFI_355/2023), Paris Central Division, 17 September 2024 (UPC_CFI_189/2024), Mannheim Local Division, 16 July 2025 (UPC_CFI_750/2024), Avago International Sales v Tesla, Hamburg Local Division, 28 November 2023 and 5 December 2023 (UPC_CFI_54/2023), Düsseldorf Local Division, 24 June 2024 (UPC_CFI_456/2023), Mannheim Local Division, 9 September 2024 (UPC_CFI_219/2023 and 223/2023), Düsseldorf Local Division, 23 February 2024 (UPC_CFI_463/2023)

Related decisions

• Genevant Sciences v Moderna Netherlands, 25 August 2026, withdrawal after settlement.

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.