Pfizer v GlaxoSmithKline Biologicals (CFI, 3 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 2 December 2024 (UPC_CFI_476/2024, ACT_45928/2024, ORD_58802/2024), the Milan Central Division dismissed GlaxoSmithKline Biologicals’ preliminary objection to Pfizer’s revocation action against EP 4 183 412. The order clarifies two conditions of Art. 33(4) UPCA: identity of parties is assessed entity by entity, and the earlier infringement action must concern a patent already granted.

Question

Does an infringement action brought before the Düsseldorf Local Division before the mention of grant deprive the Central Division of competence over the revocation action, where two of the claimants are not defendants there?

Decision

« The same parties » requires identity of parties, each legal entity being considered individually. Membership of the same group is not enough, and the overlap here is only partial. Moreover, a patent is granted on the date the mention of grant is published in the European Patent Bulletin (14 August 2024), the Düsseldorf action, lodged on 5 August 2024, therefore appears inadmissible when brought and cannot defeat the Central Division’s competence. The objection does not stay the proceedings (Rule 19.6), no hearing was needed and the auxiliary request for a stay was refused. Leave to appeal was granted.

Key points for practice

• Practical point: an infringement action lodged before the mention of grant does not lock competence in favour of the local division seised, and the Central Division remains competent as regards entities that are not parties to it.

Provisions applied

Agreement on a Unified Patent Court

Arts. 2(e) to (g), 32(1)(a), 33(4) and 73(2)(b)

Rules of Procedure

Rules 19, 220.2, 264, 271.6(b) and 295(m)

European Patent Convention

Art. 64(1), Art. 97(3)

Regulation (EU) No 1257/2012

Art. 4(1)

Case law cited

Edwards Lifesciences v Meril Italy, Paris Central Division, 13 November 2023, Amgen v Sanofi-Aventis Deutschland, Munich Central Division, 24 August 2023, Seoul Viosys v Laser Components, Paris Local Division, 24 July 2024, Tesla v Avago, Munich Local Division, 25 August 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.