Sanofi-Aventis Deutschland v Amgen (CFI, ORD_47238/2024, 22 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 October 2024 (ORD_47238/2024, UPC_CFI_1/2023), the judge-rapporteur of the Munich Central Division granted the firm Dehns, as a member of the public, access to the written pleadings and evidence in the revocation action (ACT_459505/2023) recorded in the Sanofi v Amgen dispute over EP 3 666 797, closed by the decision of 16 July 2024, after redaction of personal data. Access was refused for the other documents requested (letters, formality checks, proof of payment), which are neither pleadings nor evidence.

Question

Can a firm of representatives with a general interest in understanding how a concluded case was conducted obtain access to the file, and how far does the notion of written pleadings and evidence in Rule 262.1(b) RoP extend?

Decision

The request is reasoned within Rule 262.1(b) RoP: it identifies the documents, states its purpose and explains why access is needed. The public interest is weighed against the interests protected by Art. 45 UPCA, following the Court of Appeal’s approach in Ocado v Autostore. Once a case has ended, the balance normally favours access, and no party raised anything to the contrary, the claimants not objecting. By contrast, documents that do not relate to the substance of a party’s case fall outside Rule 262.1(b) RoP, and the applicant gave no reason for wanting them, so that part of the request was inadmissible and in any event unfounded.

Key points for practice

• Practical point: public access after a case has closed is in principle granted, but only to written pleadings and evidence, any other document requires its own justification.

Provisions applied

Agreement on a Unified Patent Court

Art. 45

Rules of Procedure

Rule 262.1(b)

Case law cited

Ocado v Autostore, Court of Appeal, 10 April 2024, Munich Central Division, 21 September 2023, ORD_552745/2023, Paris Central Division, 24 April 2024, ORD_587436/2023.

Related decisions

• Sanofi-Aventis Deutschland v Amgen, 16 July 2024, merits decision that closed the case.

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.