Promosome v BioNTech (CoA, 12 October 2026)

Dhenne Avocats · 17 October 2026

Our analysis

Summary

By an order of 12 October 2026 in appeals UPC_CoA_146/2026, UPC_CoA_147/2026 and UPC_CoA_148/2026, the UPC Court of Appeal refused to extend by one month the time limit for Promosome LLC and The Scripps Research Institute to lodge their statements of grounds of appeal against the BioNTech and Pfizer companies. The appeal is directed against the Munich Local Division’s decision of 7 July 2026 (UPC_CFI_846/2024, with counterclaims UPC_CFI_535/2025 and UPC_CFI_485/2025) concerning EP 2 401 365.

Question

Do workload, other deadlines and school holidays justify extending the time limit for the statement of grounds of appeal under Rule 9.3(a) RoP?

Decision

The Court rejected the applications, which sought to move the deadline to 9 December 2026. The circumstances relied on were foreseeable, and the respondents’ interest in the swift conduct of the proceedings prevailed. The statements of grounds of appeal therefore remain due on 9 November 2026.

Key points for practice

• Constraints that were foreseeable from the date of the contested decision will not secure an extension of the time limit for the statement of grounds of appeal.
• The respondent’s interest in expeditious proceedings weighs heavily against extensions at the appeal stage.

Provisions applied

Rules of Procedure

Rule 9.3(a) RoP

Related decisions

• Promosome v BioNTech SE and others, 7 July 2026, the Munich Local Division decision under appeal (UPC_CFI_846/2024).
• Promosome v BioNTech SE and others, 7 July 2026, the decision issued the same day in UPC_CFI_535/2025.

Prepared by Dhenne Avocats from the official decision, consulted on 17 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.