SANOFI-AVENTIS DEUTSCHLAND v AMGEN (CoA, 18 February 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 18 February 2026 in the joined proceedings UPC_CoA_528/2024 and UPC_CoA_529/2024 (EP 3 666 797), the Court of Appeal rejected Sanofi and Regeneron’s request for suspensive effect of their application for rehearing of the decision of 25 November 2025, which had set aside the Munich Central Division’s revocation of Amgen’s patent of 16 July 2024. The order confirms that a rehearing application does not, as a rule, suspend the decision under challenge, and that it cannot be used to extend the stay of the infringement action.

Question

On what conditions may an application for rehearing be given suspensive effect, and is there anything to suspend where the decision under challenge rejects the revocation request?

Decision

Rehearing is granted only exceptionally (Article 81(1)(b) UPCA, Rule 247(c)) and, under Rule 252, the application has no suspensive effect unless the Court decides otherwise (paragraphs 13 and 14). By analogy with Article 74(1) UPCA, the applicant must show particular circumstances, such as a manifest fundamental procedural defect (paragraph 15). Sanofi and Regeneron offered no argument to that effect and did not claim that the alleged defects were manifest, which sufficed for dismissal (paragraph 16). Moreover, since the appeal against revocation had suspensive effect (Article 74(2)), the patent remained in force, and the decision rejecting revocation changed nothing in its status: there was nothing to suspend (paragraphs 17 and 18). A further stay of the infringement action cannot be obtained by this route (paragraph 19).

Key points for practice

• A request for suspensive effect of a rehearing application must be reasoned in its own right and point to a manifest defect. It has no object against a decision that upholds the patent (paragraphs 15 to 18).

Provisions applied

Agreement on a Unified Patent Court

Arts 74(1), 74(2), 76 and 81(1)(b)

Rules of Procedure

Rules 247 and 252

Related decisions

• Amgen v Sanofi-Aventis Deutschland, 25 November 2025, decision on the revocation action challenged by the rehearing application.
• Amgen v Regeneron Pharmaceuticals, 25 November 2025, decision on the counterclaim for revocation challenged by the rehearing application.

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.