Genevant Sciences v Moderna (CFI, 23 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By joint order of 23 May 2025 in the joined infringement actions UPC_CFI_191/2025 (EP 2 279 254) and UPC_CFI_192/2025 (EP 4 241 767) brought by Genevant Sciences and Arbutus Biopharma against fifteen Moderna group companies, the judge rapporteur of The Hague Local Division largely dismissed the preliminary objections. Those of Moderna Belgium and Moderna Germany, and of Moderna Poland in case 192, were late, the long-arm jurisdiction issue was left to the main proceedings.

Question

Were the objections raised within one month, does the UPC have jurisdiction over the Spanish, Polish and Norwegian companies, is The Hague division competent, and was the opt-out of EP 2 279 254 validly made and withdrawn?

Decision

The Rule 19.1 period runs from service: objections lodged on 24 April 2025 were late for the companies served first, which are deemed to accept jurisdiction (Rule 19.7) (paragraphs 11 to 13). The UPC, as a common court, applies Arts 7(2) and 8(1) of Regulation No 1215/2012 through Art. 71b: alleged joint infringement with Moderna Netherlands is enough, whether infringement actually occurred being a matter for the merits (paragraphs 15 to 18). Membership of the same group with related activities establishes the « commercial relationship » under Art. 33(1)(b) (paragraph 19). Arbutus, successor to Protiva by merger on 1 January 2018, was entitled to make and withdraw the opt-out. The Rule 8.5(c) presumption was rebutted (paragraphs 18 and 19, case 191).

Key points for practice

• The time limit for a preliminary objection runs for each defendant from its own service. A late joint filing costs the companies served first their objection.
• Membership of the same group is enough to establish the commercial relationship under Art. 33(1)(b).

Provisions applied

Agreement on a Unified Patent Court

Arts 31, 32(1)(a), 33(1)(a) and (b) and 63

Rules of Procedure

Rules 8.5(c), 19.1 and 19.7

Regulation (EU) No 1215/2012

Arts 7(2), 8(1), 71a and 71b

Other instruments

revised Lugano Convention, Arts 5(3) and 7(1)

Case law cited

Court of Appeal, 3 September 2024 (UPC_CoA_188/2024), Munich Local Division, 29 September 2023 (UPC_CFI_15/2023), Paris Local Division, 11 April 2024 (UPC_CFI_495/2023)

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.