Genevant Sciences v Moderna (CFI, UPC_CFI_191/2025, 25 August 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The Hague Local Division allows the withdrawal, following a settlement, of the infringement action brought by Genevant Sciences GmbH and Arbutus Biopharma Corporation against Moderna, Inc. and fourteen other group companies on EP 2 279 254, together with the counterclaim for revocation. Court fee reimbursement is reduced from 50% to 25%, because the settlement came near the end of the written procedure after numerous applications and orders.

Question

Is the regular 50% reimbursement rate available where settlement is reached at the end of the written procedure, after numerous interlocutory steps?

Decision

The withdrawal, consented to by all parties, is admissible since there is no final decision, and is allowed (paragraphs 1 to 3), no cost decision is needed beyond the reimbursement (paragraph 4). Applying the Rules as amended on 1 January 2026, the division reduces the rate from 50% to 25% under Rule 370.9(e) RoP, having regard to the settlement near the end of the written procedure, the large number of applications and the number of orders issued (paragraph 5). The claimants in each of the two actions are reimbursed 25% of the fees paid.

Key points for practice

• The stage reached in the written procedure and the volume of interlocutory steps already handled justify a reduction under Rule 370.9(e) RoP (paragraph 5).
• Reimbursement is ordered separately for the infringement claimant and for the counterclaimant for revocation.

Provisions applied

Rules of Procedure

Rules 19, 265, 333 and 370.9

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.