2026-05-07 - LD The Hague - GlaxoSmithKline v. Moderna - UPC-CFI-0001439/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hague Local Division (judge-rapporteur) issues a consolidated procedural order in GSK's mRNA-vaccine patent litigation against Moderna (15 group defendants) covering two cases (UPC_CFI_616/2025 and UPC_CFI_1439/2025) and addressing three points ahead of the Interim Conference scheduled for 11 June 2026. First, GSK's R. 176 RoP application for the Court to hear five party experts (two GSK, three Moderna) in person on the day before the oral hearing is dismissed: the UPC procedural framework does not provide for a general examination of all party experts on the entirety of their written statements, and GSK failed to identify specific facts that each expert would be expected to confirm. If specific disputed facts later require clarification, experts can be questioned on those facts at the (one-day) oral hearing — the (at least online) presence of party experts at the oral hearing is therefore advisable. Second, Moderna's third R. 9.3 RoP application for a one-week extension of the rejoinder to the application to amend is dismissed: the UPC's front-loaded system and 12–14-month first-instance target reserve extensions for justified exceptional circumstances; the volume of auxiliary requests was already accommodated by the one-week extension granted on 1 March 2026 and is not, on its own, an exceptional circumstance, particularly where the opposing party (GSK) met its own deadlines without extension requests. Third, parties may suggest further IC topics within one week; the IC will, at minimum, address case-value setting and focusing the counterclaim for the oral hearing (validity attacks and number of ARs).

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001439/2025