ZENTIVA K.S. v NOVARTIS (CFI, 21 March 2025)
| Date | 21 March 2025 |
|---|---|
| Court | CFI |
| Division | Milan (IT) Central Division- Section |
| Type of action | Application Rop313 |
| Registry reference | App_9038/2025 · ORD_10348/2025 |
| Parties | ZENTIVA K.S., ZENTIVA PORTUGAL, LDA |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 27 March 2025 (UPC_CFI_698/2024, ORD_10348/2025), the Milan Central Division (Judges Postiglione, presiding and rapporteur, Knijff and Werner, technically qualified) dismissed the application by ZENTIVA K.S. and ZENTIVA PORTUGAL to intervene in support of three Accord Healthcare companies, claimants in an action for a declaration of non-infringement of Novartis’ EP 2 501 384 (nilotinib administered in applesauce). Zentiva, which also markets generic nilotinib with a similar carve-out in its SmPC, bears the costs of the sub-proceedings.
Question
Does a competitor in a situation parallel to the claimant’s have the legal interest required to intervene under Rule 313?
Decision
Rule 313.1 requires a legal interest that is direct and present, not a mere factual interest (paragraphs 17 and 18, citing Ocado v Autostore). The similarities between Zentiva’s and Accord’s positions do not show that the decision would directly affect Zentiva, for which it remains res inter alios acta (paragraph 22), res judicata does not extend beyond the parties (paragraphs 24 to 26). Article 33 UPCA does not make joint handling a prerequisite for intervention, and the convenience of joining pending proceedings is not a ground for it (paragraph 28). Rule 313.2 requires that the intervener’s claims not contradict those of the party supported (paragraphs 29 to 35). Zentiva can defend its position in separate proceedings (paragraphs 36 to 38). As intervention is a sub-proceeding, its costs follow Article 69 UPCA (paragraphs 39 and 40).
Key points for practice
- Practical point: a generic company sharing a competitor’s SmPC carve-out cannot intervene in that competitor’s action on that basis alone, it must bring its own proceedings.
Provisions applied
- Agreement on a Unified Patent Court
- Arts 33 and 69
- Rules of Procedure
- Rules 313.1, 313.2 and 317
- Case law cited
- Ocado v Autostore, Court of Appeal, UPC_CoA_404/2023, Insulet v Menarini, Milan Central Division, 1 October 2024 (UPC_CFI_380/2024, ORD_52068/2024)
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.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantZENTIVA PORTUGAL, LDA8 decisions in the corpusFollow this party
- claimantZENTIVA K.S5 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Application Rop313
- Outcome (Dhenne Avocats summary)
- La demande d'intervention de Zentiva est rejetée faute d'intérêt juridique direct et actuel. Zentiva supporte les frais de l'incident.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 2 501 384mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 501 384 | Mentioned in the analysis (role not qualified) Also mentioned in 4 other decision(s): Novartis v ZENTIVA PORTUGAL (CFI, 31 July 2025) · STADAPHARM v ACCORD HEALTHCARE (CoA, 14 April 2025) · Accord Healthcare v Novartis (CFI, 10 April 2025) · STADAPHARM v Novartis (CFI, 3 February 2025) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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