2026-06-12 - LD The Hague - GlaxoSmithKline v. Moderna - UPC-CFI-0001439/2025
- Aktenzeichen:
- UPC-CFI-0001439/2025
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- GlaxoSmithKline Biologicals SA v. Moderna Netherlands B.V. et. al
Kernaussage: Following the interim conference in the GSK v Moderna mRNA-vaccine dispute (EP 2 590 626 B1), the judge-rapporteur of the Hague LD issued an R.
2026-06-12 - LD The Hague - GlaxoSmithKline
v.
Moderna - UPC-CFI-0001439/2025
routine
Following the interim conference in the GSK v Moderna mRNA-vaccine dispute (EP 2 590 626 B1), the judge-rapporteur of the Hague LD issued an R.105.5 order streamlining the infringement action and conditional counterclaim for revocation for a one-day oral hearing on 1 September 2026. The JR ordered a staged focusing procedure: Moderna to designate a maximum of five validity attacks, GSK to file 5-10 auxiliary requests each mapped to a specific attack, and Moderna to identify at most one attack per AR — flagging that ARs substantiated only by reference to claim 1 appear doubtful under R.30.1(b) RoP. The JR gave non-binding preliminary views (no literal infringement of feature 1.3 likely, so equivalence and the file wrapper become relevant; the added-matter and insufficiency attacks seem unconvincing) and addressed whether the counterclaim could be treated as conditional on infringement, collating three diverging LD decisions and opining preliminarily that conditionality need not preclude CC-related costs. Multiple late-filed exhibits and submissions were excluded, party experts were held subject to the R.181.2 RoP independence duties at the hearing even absent formal summons, and the recoverable-cost ceiling was fixed at EUR 2,000,000 on a proceedings value of EUR 50,000,001 per action.