Sanofi Winthrop Industrie v Accord Healthcare (CFI, 22 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a common order of 22 January 2025, issued after the preliminary interim conference in Sanofi’s four joined infringement actions against Accord, Stada, Reddy and Zentiva (UPC_CFI_145/2024 to UPC_CFI_148/2024, EP 2 493 466, cabazitaxel), the judge-rapporteur of the Munich Local Division (Judge Zigann) set the value of the actions and counterclaims and directed Sanofi to clarify its requests. The order sets out a method for valuing the dispute and defers any disclosure of the infringers’ profits.

Question

How should the value of several parallel infringement actions and of the counterclaims be set, and may disclosure of profits be ordered while validity is contested before the EPO and in France?

Decision

The judge estimated that remedies other than damages double the value of the damages claim: EUR 8.5 million for Accord, EUR 32 million for Stada, EUR 16.5 million for Reddy and EUR 16 million for Zentiva, with Sanofi to pay the additional fees within thirty days. Under point 2.b of the Guidelines, each counterclaim is worth the sum of the actions plus 50%, namely EUR 109.5 million. Requests for disclosure of profits belong in dedicated workflows, and none will be ordered before the EPO Board of Appeal issues its preliminary opinion, the French designation having been invalidated at first instance. The judge indicated that France could be carved out and that the UPC has jurisdiction over damages for periods before 1 June 2023. Other deadlines were waived.

Key points for practice

• The value of a counterclaim opposing several parallel actions may be based on the sum of their values plus 50%.
• Practical point: disclosure of the infringer’s profits must be sought in a dedicated workflow, and the judge weighs the prospects of success in light of pending validity proceedings.

Provisions applied

Agreement on a Unified Patent Court

Art. 47(3), Art. 67 and Art. 68

Rules of Procedure

Rules 19, 102.2, 105.5, 118, 119, 263, 333, 334, 355, 361 and 363

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.