Boehringer Ingelheim International v Zentiva Portugal (CFI, 10 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 10 April 2026 (UPC_CFI_858/2025), the Lisbon Local Division finds under Rule 360 that Boehringer Ingelheim’s main action against Zentiva Portugal, brought after provisional measures were granted on appeal against a generic nintedanib product, has become devoid of purpose because EP 1 830 843 expired on 21 December 2025. Each party bears its own costs.

Question

Does a main action brought to comply with Rule 213 become devoid of purpose on expiry of the patent despite the defendant’s objection, and who then bears the costs?

Decision

The court has wide discretion and considers the claimant’s interest in succeeding, the defendant’s interest not being assessed separately, unlike under Rule 265.1 (paragraphs 10 to 12). The claims for an injunction and for future damages depended on the patent being in force, and Boehringer does not allege any infringement before expiry (paragraphs 13 to 16). Zentiva’s arguments fail: Rule 213.2 presupposes revocation of the provisional measures and Rule 354.2 enforcement, which never occurred (paragraphs 18 to 21). The action is devoid of purpose (paragraph 22). As no successful party can be identified and expiry is attributable to neither party, fairness requires each to bear its own costs (paragraphs 23 to 31). The value of the proceedings is set at EUR 1,000,000.

Key points for practice

• Expiry of the patent during the proceedings allows the proprietor to have the main action disposed of, without the defendant being able to force a ruling on whether the provisional measures were justified.
• A generic company against which the provisional measures were never enforced cannot base a compensation claim on Rules 213.2 or 354.2.

Provisions applied

Agreement on a Unified Patent Court

Art. 25 and 69

Rules of Procedure

Rules 213, 265.1, 354.2 and 360

Directive 2004/48/EC

Art. 14

Case law cited

Meril v Edwards, Court of Appeal, 4 October 2024, Court of Appeal, 9 January 2025 (UPC_CoA_584/2024), Court of Appeal, 12 May 2025 (UPC_CoA_328/2024)

Related decisions

• Boehringer Ingelheim v Zentiva Portugal, 13 August 2025, Court of Appeal order granting the provisional measures.

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.