Dehns v Regeneron Pharmaceuticals (CFI, 22 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 October 2024 (ORD_47235/2024), the judge-rapporteur of the Munich Central Division (A. Kupecz) granted the firm Dehns access to the written pleadings and evidence recorded in the counterclaim for revocation CC_586764/2023 between Regeneron and Amgen concerning EP 3 666 797, after redaction of personal data, and rejected the request as to other documents. Two orders of the same day deal with Dehns’s parallel requests concerning Sanofi’s revocation action and the application to amend the patent.

Question

May a third party obtain access to pleadings and evidence once the proceedings have ended, and does Rule 262.1(b) RoP extend to other documents on the file?

Decision

Dehns relied on its interest in understanding the decision of 16 July 2024 for its UPC representation services. The parties did not object. The request meets the reasoned request standard set by the Court of Appeal in Ocado v Autostore. Art. 45 UPCA requires the applicant’s interest to be weighed against the interests it lists. Once proceedings have ended, the balance normally favours access, and nothing to the contrary was put forward. The other documents (letters to the Registry, a correction of formalities, a proof of payment) are neither pleadings nor evidence: Rule 262.1(b) RoP provides no basis for access to them and Dehns did not explain its interest, so that part of the request is inadmissible and in any event unfounded.

Key points for practice

• Practical point: a third-party access request should target pleadings and evidence precisely, letters and Registry documents fall outside it unless a specific interest is shown.

Provisions applied

Agreement on a Unified Patent Court

Art. 45

Rules of Procedure

Rule 262.1(b)

Other provisions

Regulation (EU) 2016/679

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

• Regeneron Pharmaceuticals v Amgen, 16 July 2024, decision on the merits that prompted the request.
• Dehns, 22 October 2024, parallel order on revocation action ACT_459505/2023.
• Dehns, 22 October 2024, parallel order on application to amend APP_590836/2023.

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.