GlaxoSmithKline Biologicals v Moderna Netherlands (CFI, UPC_CFI_616/2025, 7 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In the joined proceedings UPC_CFI_616/2025 and UPC_CFI_1439/2025 concerning EP 2 590 626, held by GlaxoSmithKline Biologicals SA, the judge-rapporteur of The Hague Local Division dismisses two applications: GSK’s request for five party experts to be heard in person, and Moderna’s third request for an extension of time for its rejoinder on the application to amend the patent. The order confirms that UPC procedure makes no provision for a general hearing of experts on the whole of their reports.

Question

Can a party have all experts heard in person on their written statements without identifying the facts to be confirmed (Rules 176 and 177.1)? Does having to file a rejoinder on the same auxiliary requests justify an extension (Rule 9.3)?

Decision

On the first point, the judge agrees with Moderna: the UPC rules do not provide for a general hearing of all experts on their entire written statements, and GSK did not specify which facts each expert was expected to confirm (paragraph 6). Should specific disputed facts require clarification, the experts may be questioned on them at the oral hearing (paragraph 6). On the second, extensions are granted only in justified exceptional circumstances (paragraph 9), after a refusal on 27 October 2025 and a one-week extension on 1 March 2026, having to respond again on the same auxiliary requests is not such a circumstance, and procedural fairness does not call for an extension (paragraph 10). The parties may suggest topics for the interim conference within one week.

Key points for practice

• An application to hear a witness or expert in person must identify, for each of them, the facts they are to confirm, failing which it is dismissed (paragraph 6).
• Repeated extension requests are assessed in the light of earlier refusals and extensions in the same proceedings (paragraph 10).

Provisions applied

Rules of Procedure

Rules 9.3, 176 and 177.1

Related decisions

• GSK v Moderna, 12 June 2026, order following the interim conference (Rule 105.5).
• GSK v Moderna, 14 September 2026, post-hearing order on the admission of late evidence.

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.