Merz Therapeutics v Viatris Santé (CFI, 17 September 2025)
| Date | 17 September 2025 |
|---|---|
| Court | CFI |
| Division | Paris (FR) Local Division |
| Type of action | Generic application |
| Case number(s) | App_36985/2025;ORD_37065/2025 |
| Registry reference | App_36985/2025 · ORD_37065/2025 |
| Parties | Merz Therapeutics GmbH, Merz Pharma France, Merz Pharmaceuticals LLC |
| Language | English |
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
By an order of 17 September 2025 (UPC_CFI_697/2025, ORD_37065/2025), the judge-rapporteur of the Paris Local Division limited the length of written pleadings in the provisional measures proceedings brought by Merz Therapeutics, Merz Pharmaceuticals and Merz Pharma France against Viatris Santé (EP 2 377 536 and SPC FR13C0033). In response to a 30-page application, the defendant had filed an objection of more than 470 pages. The order confirms that UPC provisional proceedings remain summary in nature and that the court controls the format of the pleadings.
Question
Can the judge-rapporteur, on a Rule 9 request, require a page-limited summary of the objection and set the length of the reply in provisional measures proceedings?
Decision
Yes. Provisional measures are summary proceedings justified by urgency. A 30-page application is reasonable, whereas an objection of more than 470 pages is not appropriate, even where two titles are at issue, given the timetable set ahead of the hearing on 10 October 2025. On grounds of procedural economy, fairness and efficiency, Viatris must file a summary of no more than 70 pages by 2 pm on 19 September 2025, and the applicants a reply of no more than 40 pages, focused on validity, by 2 pm on 29 September 2025. A case management meeting will be held at least one week before the hearing. The order may be referred to the panel (Rule 333).
Key points for practice
- Rule 9 allows the judge-rapporteur to calibrate the volume of pleadings in provisional proceedings by requiring a summary of limited length.
- An oversized defence exposes the party to a format imposed by the court within very short time limits.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 62
- Rules of Procedure
- Rules 9.1, 206, 209.1 and 333
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: Unitary patent, Local and central divisions (UPC).
Dhenne Avocats blog: The Transitional Period and the UPC: Coordinating Two Judicial Orders.
Publications by Matthieu Dhenne: Four Questions That Decide a UPC Market Entry, Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction (Kluwer Patent Blog).