Gowling WLG v Merz Therapeutics (CFI, 19 February 2026)
| Date | 19 February 2026 |
|---|---|
| Court | CFI |
| Division | Paris (FR) Local Division |
| Type of action | Application RoP262.1 (b) |
| Case number(s) | UPC_CFI_283/2026 |
| Registry reference | UPC_CFI_283/2026 |
| Parties | Gowling WLG v. Merz Therapeutics GmbH, Merz Pharmaceuticals LLC, Merz Pharma France-Viatris Santé |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
In an order of 19 February 2026 (UPC_CFI_283/2026), the Paris Local Division partly granted the law firm Gowling WLG access to the file of the provisional measures proceedings between Merz and Viatris Santé (UPC_CFI_697/2025), concerning EP 2 377 536 and supplementary protection certificate FR13C0033. Access is limited to the passages on unreasonable delay, the only point decided by the order of 21 November 2025. The order ties the scope of public access to what the court actually decided.
Question
May a third party obtain access to all pleadings and exhibits in provisional measures proceedings where the final order decided only one ground?
Decision
The request is admissible only for the documents specifically identified, since « including but not limited to » wording does not bring the whole file before the division. A law firm has a legitimate interest in understanding a decision once issued. As the final order decided only unreasonable delay (Rule 211.4), access is limited to the extracts on that point, the submissions on a time extension request and six Merz exhibits. Submissions on SPC validity, proportionality and the balance of interests, which were not decided, remain inaccessible to preserve the integrity of any merits action. Confidentiality objections were rejected, as no request under Rule 262.2 or Rule 262A had been made on filing. Personal data are anonymised by the Registry.
Key points for practice
- Public access after a provisional measures decision may be confined to the grounds actually decided, as the others may still be argued on the merits.
- Practical point: a party wishing to protect information must request confidentiality on filing, a late objection to access is not enough.
Provisions applied
- Agreement on a Unified Patent Court
- Arts 45, 58 and 60(1)
- Rules of Procedure
- Rules 211.4, 262.1(b), 262.2, 262A and 333
- Case law cited
- Ocado v Autostore, Court of Appeal, 10 April 2024, Court of Appeal, 9 January 2025 (UPC_CoA_480/2024), Herbert Smith Freehills Kramer v EOFlow, Court of Appeal, 22 December 2025, Herbert Smith Freehills Kramer v Insulet, Milan Central Division, 16 October 2025
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.
Going further
Lexicon: Supplementary protection certificate (SPC), Biosimilar medicinal product, Launch at risk.
Dhenne Avocats blog: Pharmaceutical patents and the UPC: is the Court hostile to them?.
Publications by Matthieu Dhenne: The Launch Letter: How Generics and Biosimilars Should Write to Avoid UPC Urgency (Kluwer Patent Blog).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Parties
- defendantMerz Therapeutics GmbH7 decisions in the corpusFollow this party
- defendantMerz Pharmaceuticals LLC8 decisions in the corpusFollow this party
- claimantGowling WLG2 decisions in the corpusFollow this party
- defendantMerz Pharma France-Viatris SantéFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Application RoP262.1 (b)
- Outcome (Dhenne Avocats summary)
- La division locale de Paris limite l'accès du tiers aux documents désignés et, parmi eux, aux passages relatifs au retard déraisonnable, seul point tranché par l'ordonnance de mesures provisoires.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 2 377 536mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Herbert Smith Freehills Kramer (applicant) in Insulet v EOFLow (CoA, 22 December 2025) cited in this record
- Herbert Smith Freehills Kramer LLP v Insulet (CFI, 16 October 2025) cited in this record
- Ocado Innovation v Autostore (CoA, 10 April 2024) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 377 536Methods of Using Sustained Release Aminopyridine Compositions recorded proprietor: Acorda Therapeutics Inc | Mentioned in the analysis (role not qualified) Also mentioned in 6 other decision(s): Merz Pharma France v Viatris Santé (CFI, 30 July 2026) · Merz Pharmaceuticals v Viatris Santé (CoA, 27 April 2026) · Merz Pharmaceuticals v Viatris Santé (CoA, 26 January 2026) · Viatris Santé v Merz Pharmaceuticals (CoA, 19 December 2025) · Merz Therapeutics v Viatris Santé (CFI, 17 September 2025) · Merz Pharma France v Viatris Santé (CFI, 15 October 2026) | not recorded | not recorded | not recorded | Espacenet · European Patent Register existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically) mentioned in: Dhenne Avocats analysis |
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