Promosome v BioNTech (CFI, 17 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 17 April 2025 (UPC_CFI_846/2024, ORD_14155/2025 and ORD_14156/2025), Judge-rapporteur Kupecz of the Munich Local Division held admissible the preliminary objections of the BioNTech and Pfizer defendants in the infringement action on EP 2 401 365 brought by Promosome LLC, and deferred them to the main proceedings (Rule 20.2). The objections concern only the Comirnaty Original/Omicron BA.1 variant, which according to the defendants was made and sold only before 1 June 2023. The order accepts a partial preliminary objection defined by the period of the alleged acts.

Question

May a preliminary objection target only part of the action, defined by the period of the alleged acts, and must it be decided at once?

Decision

Lodged in time and in the form required by Rules 19.1(a), 19.2 and 19.3, the objections are admissible, as an objection may cover only part of the action. The judge-rapporteur indicated, without deciding, that the UPC’s competence under Art. 32(1)(a) UPCA, read with Arts 2(g) and 3(c), extends to acts committed before its entry into force. Competence and applicable law remain separate questions. Since competence is not disputed for variants sold from 1 June 2023, the action proceeds in any event (Rule 19.7), and the objections are deferred pending the Court of Appeal’s decision in Industria Lombarda v PHOENIX CONTACT. A panel review may be requested (Rule 333).

Key points for practice

• Practical point: a time-limited competence objection directed at some products only does not hold up the action and is likely to be heard with the merits.

Provisions applied

Agreement on a Unified Patent Court

Arts 2(g), 3(c) and 32(1)(a)

Rules of Procedure

Rules 19.1(a), 19.2, 19.3, 19.7, 20.2, 102.2 and 333

Case law cited

Fingon v Samsung, Mannheim Local Division, 4 April 2025, Industria Lombarda Materiale Elettrico v PHOENIX CONTACT, Munich Local Division, 10 February 2025, Court of Appeal, 28 March 2025 (UPC_CoA_170/2025)

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.